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This case was last updated from Los Angeles County Superior Courts on 05/05/2021 at 02:41:34 (UTC).

ACCREDITED SURETY AND CASUALTY COMPANY, INC., A CORPORATION VS CONSTRUCTION GUARANTEED, INC., A CORPORATION, ET AL.

Case Summary

On 06/23/2020 ACCREDITED SURETY AND CASUALTY COMPANY, INC , A CORPORATION filed a Contract - Other Contract lawsuit against CONSTRUCTION GUARANTEED, INC , A CORPORATION. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5262

  • Filing Date:

    06/23/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

ACCREDITED SURETY AND CASUALTY COMPANY INC. A CORPORATION

Defendants

LAMBERT AUDREY

PADRON EDUARDO DBA NEW LIFE TEXTURED PAINTING

LEYVA LEVANA

HOPKINS RICHARD

BRAVO QUERINO

STEPHENSON ROBERT

CONSTRUCTION GUARANTEED INC. A CORPORATION

Attorney/Law Firm Details

Plaintiff Attorney

PAGAN JOHN

Defendant Attorney

MILLER RICHARD T

 

Court Documents

Minute Order - Minute Order (Hearing on Motion for Order to Deposit by Stakeholder; for Di...)

5/3/2021: Minute Order - Minute Order (Hearing on Motion for Order to Deposit by Stakeholder; for Di...)

Motion for Order (name extension) - Motion re: to Deposit by Stakeholder

10/19/2020: Motion for Order (name extension) - Motion re: to Deposit by Stakeholder

Memorandum of Points & Authorities - Memorandum of Points & Authorities

10/19/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Proof of Service by Mail - Proof of Service by Mail

9/17/2020: Proof of Service by Mail - Proof of Service by Mail

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

9/17/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

8/25/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

8/25/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Answer - Answer

8/6/2020: Answer - Answer

Request for Dismissal - Request for Dismissal

7/20/2020: Request for Dismissal - Request for Dismissal

Proof of Personal Service - Proof of Personal Service

7/23/2020: Proof of Personal Service - Proof of Personal Service

Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

7/23/2020: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

7/23/2020: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

Proof of Personal Service - Proof of Personal Service

7/23/2020: Proof of Personal Service - Proof of Personal Service

Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

7/23/2020: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

Complaint - Complaint

6/23/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

6/23/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

6/23/2020: First Amended Standing Order - First Amended Standing Order

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

6/23/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

13 More Documents Available

 

Docket Entries

  • 12/21/2021
  • Hearing12/21/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 12/21/2021
  • Hearing12/21/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 05/03/2021
  • DocketMinute Order (Hearing on Motion for Order to Deposit by Stakeholder; for Di...)

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  • 05/03/2021
  • DocketHearing on Motion for Order to Deposit by Stakeholder; for Discharge of Stakeholder scheduled for 05/03/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 05/03/2021; Result Type to Held

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  • 04/29/2021
  • DocketUpdated -- Motion for Order to Deposit by Stakeholder; for Discharge of Stakeholder: Name Extension changed from to Deposit by Stakeholder to to Deposit by Stakeholder; for Discharge of Stakeholder; Document changed from Motion re: (name extension) to Motion for Order (name extension); As To Parties: removed Updated -- Motion for Order to Deposit by Stakeholder; for Discharge of Stakeholder: Name Extension changed from to Deposit by Stakeholder to to Deposit by Stakeholder; for Discharge of Stakeholder; Document changed from Motion re: (name extension) to Motion for Order (name extension); As To Parties: removed

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  • 04/29/2021
  • DocketUpdated -- Event scheduled for 05/03/2021 at 10:00 AM in Spring Street Courthouse at Department 26 Type changed from Hearing on Motion - Other (name extension) to Hearing on Motion for Order (name extension) Updated -- Event scheduled for 05/03/2021 at 10:00 AM in Spring Street Courthouse at Department 26 Type changed from Hearing on Motion - Other (name extension) to Hearing on Motion for Order (name extension)

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  • 04/29/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/27/2023 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 07/23/2020 Order to Show Cause Re: Failure to File Proof of Service scheduled for 06/27/2023 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 07/23/2020

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  • 04/07/2021
  • DocketNotice Defendants, Robert Stephenson and Audrey Lambert's Notice of Non-Opposition and Request for Payment to Only Responding Defendants; Filed by: Robert Stephenson (Defendant); As to: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff) Notice Defendants, Robert Stephenson and Audrey Lambert's Notice of Non-Opposition and Request for Payment to Only Responding Defendants; Filed by: Robert Stephenson (Defendant); As to: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff)

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  • 10/20/2020
  • DocketHearing on Motion - Other to Deposit by Stakeholder scheduled for 05/03/2021 at 10:00 AM in Spring Street Courthouse at Department 26 Hearing on Motion - Other to Deposit by Stakeholder scheduled for 05/03/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 10/19/2020
  • DocketMotion for Order to Deposit by Stakeholder; for Discharge of Stakeholder; Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff) Motion for Order to Deposit by Stakeholder; for Discharge of Stakeholder; Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff)

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21 More Docket Entries
  • 07/21/2020
  • DocketAddress for John Pagan (Attorney) null Address for John Pagan (Attorney) null

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  • 07/20/2020
  • DocketOn the Complaint filed by Accredited Surety and Casualty Company, Inc., a corporation on 06/23/2020, entered Request for Dismissal with prejudice filed by Accredited Surety and Casualty Company, Inc., a corporation as to Levana Leyva On the Complaint filed by Accredited Surety and Casualty Company, Inc., a corporation on 06/23/2020, entered Request for Dismissal with prejudice filed by Accredited Surety and Casualty Company, Inc., a corporation as to Levana Leyva

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  • 06/23/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/27/2023 at 08:30 AM in Spring Street Courthouse at Department 26 Order to Show Cause Re: Failure to File Proof of Service scheduled for 06/27/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 06/23/2020
  • DocketNon-Jury Trial scheduled for 12/21/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Non-Jury Trial scheduled for 12/21/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 06/23/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk First Amended Standing Order; Filed by: Clerk

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  • 06/23/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk Notice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/23/2020
  • DocketCivil Case Cover Sheet; Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff); As to: Construction Guaranteed, Inc., a corporation (Defendant); Richard Hopkins (Defendant); Eduardo Padron (Defendant) et al. Civil Case Cover Sheet; Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff); As to: Construction Guaranteed, Inc., a corporation (Defendant); Richard Hopkins (Defendant); Eduardo Padron (Defendant) et al.

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  • 06/23/2020
  • DocketSummons on Complaint; Issued and Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff); As to: Construction Guaranteed, Inc., a corporation (Defendant); Richard Hopkins (Defendant); Eduardo Padron (Defendant) et al. Summons on Complaint; Issued and Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff); As to: Construction Guaranteed, Inc., a corporation (Defendant); Richard Hopkins (Defendant); Eduardo Padron (Defendant) et al.

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  • 06/23/2020
  • DocketComplaint; Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff); As to: Construction Guaranteed, Inc., a corporation (Defendant); Richard Hopkins (Defendant); Eduardo Padron (Defendant) et al. Complaint; Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff); As to: Construction Guaranteed, Inc., a corporation (Defendant); Richard Hopkins (Defendant); Eduardo Padron (Defendant) et al.

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  • 06/23/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse Case assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC05262    Hearing Date: May 3, 2021    Dept: 26

MOTION TO DEPOSIT BY STAKEHOLDER, FOR DISCHARGE OF STAKEHOLDER, FOR ATTORNEY’S FEES; AND FOR TEMPORARY RESTRAINING ORDER

(CCP §§ 386, 386.5)

TENTATIVE RULING:

Plaintiff Accredited Surety & Casualty Company, Inc.’s Motion to Deposit by Stakeholder; for Discharge of Stakeholder; and Request for Attorney’s Fees is GRANTED AS TO THE THIRD CAUSE OF ACTION FOR INTERPLEADER. INTERPLEADER FUNDS OF $13,000.00 ARE TO BE DEPOSITED WITH THE COURT WITHIN 30 DAYS.

Trial remains scheduled for December 21, 2021 at 8:30 am in Department 26 in the Spring Street Courthouse. If no claims or appearances are made at trial, the matter will be set for an OSC Re: Escheating Funds. (Code Civ. Proc., § 128; Govt. Code, § 68084.1.)

ANALYSIS:

On June 23, 2020, Plaintiff Accredited Surety and Casualty Company, Inc. (“Plaintiff”) filed the Complaint in this action for indemnity, reimbursement and interpleader against Defendants

Construction Guaranteed, Inc. (“Defendant Construction Guaranteed”), Richard Hopkins, Eduardo Padron, individually and dba New Life Textured Painting, Querino Bravo, Levana Leyva, Audrey Lambert and Robert Stephenson. Defendants Lambert and Stephenson filed an Answer on August 6, 2020.

This action arises from a dispute over construction Bond No. 10098509 (the “Bond”) in the penal sum of $15,000.00. (Compl., ¶7.) Pursuant to the Application and Indemnity Agreement, Defendants Construction Guaranteed and Hopkins allegedly agreed to indemnify Plaintiff in exchange for issuance of the Bond. (Id. at ¶¶6-7.) The remaining Defendants are alleged to have made claims on the Bond. (Id. at ¶¶9, 21.)

Plaintiff filed the instant Motion to Deposit by Stakeholder, for Discharge of Stakeholder, for Attorney’s Fees and for Temporary Restraining Order (the “Motion”) on October 19, 2020. Defendants Lambert and Stephenson filed a claim to the funds and non-opposition to the Motion on April 7, 2021.

To date, no opposition has been filed.

Legal Standard

Interpleader is a procedure whereby a person holding money or personal property to which conflicting claims are being made by others, or may be made, can join the adverse claimants and force them to litigate their claims among themselves. (Code Civ. Proc., § 386, subd. (b).) Hancock Oil Co. v. Hopkins (1944) 24 Cal.2d 497, 508 (i.e., an escrow-holder who receives conflicting demands from the parties to the escrow regarding the funds or documents he or she holds); City of Morgan Hill v. Brown (1999) 71 Cal.App.4th 1114, 1122.)

Once the stakeholder’s right to interplead is established and he or she deposits the money or personal property in court, he or she may be discharged from liability to any of the claimants. This enables the

stakeholder to avoid multiplicity of actions, and the risk of inconsistent results if each of the claimants were to sue him or her separately. (Cantu v. Resolution Trust Corp. (1992) 4 Cal.App.4th 857, 874; City of Morgan Hill, supra, 71 Cal.App.4th at 1122.)

“An interpleader action is traditionally viewed as two suits: one between the stakeholder and the claimants to determine the stakeholder's right to interplead, and the other among the claimants to determine who shall receive the funds interpleaded ... As against the stakeholder, claimants may raise only matters which go to whether the suit is properly one for interpleader; i.e., whether the elements of an interpleader action are present.” (State Farm Fire & Cas. Co. v. Pietak (2001) 90 Cal.App.4th 600, 612.)

The stakeholder may seek reimbursement for its costs and reasonable attorneys’ fees incurred.

(UAP-Columbus JV 326132 v. Nesbitt (1991) 234 Cal.App.3d 1028, 1036.) The court may order payment thereof out of the funds deposited by the stakeholder. (Ibid.) Ultimately, such payment may be charged to one or more of the adverse claimants in the final judgment. (Code Civ. Proc., § 386.6.)

Finally, the Court may issue an “order restraining all parties to the action from instituting or further prosecuting any other proceeding in any court in this state affecting the rights and obligations as between the parties to the interpleader until further order of the court.” (Code Civ. Proc., § 386, subd. (f).)

Discussion

Plaintiff’s request to be discharged from liability on the first cause of action for interpleader is granted. All claimants have been served with the Summons and Complaint, served with the instant motion, answered, are in default, or were dismissed from the action. (Code Civ. Proc., §§ 386 and 386.5.) The subject matter of this action is a bond in the amount of $15,000.00. Currently, Plaintiff cannot determine the validity of the conflicting demands that have been made. (Motion, Pagan Decl., ¶¶7-8 and Exh. 2.) Upon deposit of the funds to the court, Plaintiff may be discharged from further liability and the Court hereby enters a restraining order to prevent the prosecution of other actions affecting the rights and obligations as between the parties to the interpleader. (Code Civ. Proc., §§ 386.5, 386, subd. (f).)

Furthermore, the fees and costs sought by Plaintiff are proper. Plaintiff’s counsel has expended substantial attorneys’ fees and costs bringing this action and protecting itself from liability. Specifically, Plaintiff’s counsel filed the instant action and motion, served all Defendants, entered default of or dismissed a number of those Defendants, will appear at the instant hearing, will deposit the bond, and has sought to preserve the surplus funds. (Motion, Pagan Decl., ¶6 and Exh. 1.) Fees and costs are awarded to Plaintiff in the amount of $2,000.00. (Ibid.)

Conclusion

Plaintiff Accredited Surety & Casualty Company, Inc.’s Motion to Deposit by Stakeholder; for Discharge of Stakeholder; and Request for Attorney’s Fees is GRANTED AS TO THE THIRD CAUSE OF ACTION FOR INTERPLEADER. INTERPLEADER FUNDS OF $13,000.00 ARE TO BE DEPOSITED WITH THE COURT WITHIN 30 DAYS.

Trial remains scheduled for December 21, 2021 at 8:30 am in Department 26 in the Spring Street Courthouse. If no claims or appearances are made at trial, the matter will be set for an OSC Re: Escheating Funds. (Code Civ. Proc., § 128; Govt. Code, § 68084.1.)

Moving party to give notice.

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