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This case was last updated from Los Angeles County Superior Courts on 05/31/2021 at 07:41:45 (UTC).

ACCREDITED SURETY AND CASUALTY COMPANY, INC., A CORPORATION VS EZ BUILDERS GROUP, INC., A CORPORATION, ET AL.

Case Summary

On 04/02/2020 ACCREDITED SURETY AND CASUALTY COMPANY, INC , A CORPORATION filed a Contract - Other Contract lawsuit against EZ BUILDERS GROUP, 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:

    *******2950

  • Filing Date:

    04/02/2020

  • 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

EXCLUSIVE POOLS INC. A CORPORATION

ROMERO STEVE

ZOHAR ISRAEL EVEN

EZ BUILDERS GROUP INC. A CORPORATION

WINNWOOD PROPERTIES LLC

ARYAN LANA

Attorney/Law Firm Details

Plaintiff Attorney

PAGAN JOHN

Defendant Attorney

FRANCISCONI ERIC

 

Court Documents

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

5/19/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

4/22/2021: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

Minute Order - Minute Order (Hearing on Motion - Other to Deposit by Stakeholder)

5/11/2021: Minute Order - Minute Order (Hearing on Motion - Other to Deposit by Stakeholder)

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

9/15/2020: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

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

10/9/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

10/23/2020: Motion re: (name extension) - Motion re: to Deposit by Stakeholder

Affidavit (name extension) - Affidavit of Reasonable Diligence

6/16/2020: Affidavit (name extension) - Affidavit of Reasonable Diligence

Answer - Answer

5/29/2020: Answer - Answer

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

5/7/2020: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

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

4/20/2020: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

Affidavit (name extension) - Affidavit of Reasonable Diligence-EZ

4/23/2020: Affidavit (name extension) - Affidavit of Reasonable Diligence-EZ

Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

4/27/2020: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

Affidavit (name extension) - Affidavit of Reasonable of Diligence

4/27/2020: Affidavit (name extension) - Affidavit of Reasonable of Diligence

Summons - Summons on Complaint

4/2/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

4/2/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

4/2/2020: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

4/2/2020: First Amended Standing Order - First Amended Standing Order

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

4/2/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

13 More Documents Available

 

Docket Entries

  • 04/06/2023
  • Hearing04/06/2023 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 09/30/2021
  • Hearing09/30/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 07/13/2021
  • Hearing07/13/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion - Other (name extension)

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  • 05/19/2021
  • DocketRequest for Entry of Default / Judgment; Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff); As to: EZ Builders Group, Inc., a corporation (Defendant)

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  • 05/19/2021
  • DocketRequest for Entry of Default / Judgment; Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff); As to: Israel Even Zohar (Defendant)

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  • 05/19/2021
  • DocketDefault entered as to EZ Builders Group, Inc., a corporation; On the Complaint filed by Accredited Surety and Casualty Company, Inc., a corporation on 04/02/2020

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  • 05/19/2021
  • DocketDefault entered as to Israel Even Zohar; On the Complaint filed by Accredited Surety and Casualty Company, Inc., a corporation on 04/02/2020

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  • 05/18/2021
  • DocketProof of Personal Service; Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff); As to: Lana Aryan (Defendant); Service Date: 04/23/2021; Service Cost: 65.00; Service Cost Waived: No

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  • 05/11/2021
  • DocketHearing on Motion - Other to Deposit by Stakeholder scheduled for 07/13/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 05/11/2021
  • DocketMinute Order (Hearing on Motion - Other to Deposit by Stakeholder)

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19 More Docket Entries
  • 04/23/2020
  • DocketUpdated -- John Pagan (Attorney): Organization Name changed from Law Offices of Hausman & Sosa, LLP to Hausman & Sosa, LLP

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  • 04/20/2020
  • DocketProof of Mailing (Substituted Service); Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff); As to: Exclusive Pools, Inc., a corporation (Defendant); Mailing Date: 04/08/2020; Service Cost: 130.00; Cost Waived: No

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  • 04/02/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/02/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/02/2020
  • DocketSummons on Complaint; Issued and Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff); As to: EZ Builders Group, Inc., a corporation (Defendant); Israel Even Zohar (Defendant); Exclusive Pools, Inc., a corporation (Defendant) et al.

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  • 04/02/2020
  • DocketCivil Case Cover Sheet; Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff); As to: EZ Builders Group, Inc., a corporation (Defendant); Israel Even Zohar (Defendant); Exclusive Pools, Inc., a corporation (Defendant) et al.

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  • 04/02/2020
  • DocketComplaint; Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff); As to: EZ Builders Group, Inc., a corporation (Defendant); Israel Even Zohar (Defendant); Exclusive Pools, Inc., a corporation (Defendant) et al.

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  • 04/02/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/06/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 04/02/2020
  • DocketNon-Jury Trial scheduled for 09/30/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 04/02/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC02950    Hearing Date: May 11, 2021    Dept: 26

Accredited Surety and Casualty Co., Inc. v. EZ Builders Group, Inc., et al.

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 and Casualty Company, Inc.’s Motion to Deposit by Stakeholder; for Discharge of Stakeholder; Request for Attorney’s Fees; and Temporary Restraining Order is CONTINUED TO JULY 13, 2021 AT ____ AM IN THE SPRING STREET COURTHOUSE. AT LEAST NINE (9) COURT DAYS PRIOR TO THE NEW HEARING DATE, PLAINTIFF IS TO FILE SUPPLEMENTAL PAPERS ADDRESSING THE STATUS OF ANALYSIS:

On April 2, 2020, Plaintiff Accredited Surety and Casualty Company, Inc. (“Plaintiff”) filed the Complaint in this action for indemnity, reimbursement and interpleader against Defendants

EZ Builders Group, Inc. (“Defendant EZ”), Israel Even Zohar (“Defendant Zohar”), Exclusive Pools, Inc. and Steve Romero. Defendant Winnwood Properties, LLC was added via “Doe” amendment on April 27, 2020 and filed an Answer on May 29, 2020. Defendant Lana Aryan was added via “Doe” amendment on April 22, 2021.

This action arises from a dispute over construction Bond No. 10098509 (the “Bond”) in the penal sum of $15,000.00. (Compl., ¶6.) Pursuant to the Application and Indemnity Agreement, Defendants EZ Builders and Zohar allegedly agreed to indemnify Plaintiff in exchange for issuance of the Bond. (Id. at ¶¶5-6.) The remaining Defendants are alleged to have made claims on the Bond. (Id. at ¶¶8, 20.)

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 23, 2020. 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

It would be inappropriate to grant Plaintiff’s request to be discharged from liability on the cause of action for interpleader at this time. No proof of service has yet been filed as to Defendant Aryan. Until Defendant Aryan has been properly served, brought into the action and given notice of this Motion, Plaintiff cannot be discharged from liability. 

Therefore, Plaintiff Accredited Surety and Casualty Company, Inc.’s Motion to Deposit by Stakeholder; for Discharge of Stakeholder; Request for Attorney’s Fees; and Temporary Restraining Order is CONTINUED TO JULY 13, 2021 AT ____ AM IN THE SPRING STREET COURTHOUSE. AT LEAST NINE (9) COURT DAYS PRIOR TO THE NEW HEARING DATE, PLAINTIFF IS TO FILE SUPPLEMENTAL PAPERS ADDRESSING THE STATUS OF DEFENDANT LANA ARYAN.

Moving party to give notice.

DEFENDANT LANA ARYAN
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