This case was last updated from Los Angeles County Superior Courts on 10/15/2021 at 02:25:48 (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

  • 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 Attorneys

FRANCISCONI ERIC

RUDMAN BRUCE DAVID

 

Court Documents

Answer - Answer

9/30/2021: Answer - Answer

Stipulation and Order (name extension) - Stipulation and Order TO SET ASIDE DEFAULT OF EZ BUILDERS GROUP, INC..;[PROPOSED ORDER]

9/30/2021: Stipulation and Order (name extension) - Stipulation and Order TO SET ASIDE DEFAULT OF EZ BUILDERS GROUP, INC..;[PROPOSED ORDER]

Minute Order - Minute Order (Non-Jury Trial;)

9/30/2021: Minute Order - Minute Order (Non-Jury Trial;)

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial;) of 09/30/2021

9/30/2021: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial;) of 09/30/2021

Notice (name extension) - Notice of Posting of Bond Funds

10/1/2021: Notice (name extension) - Notice of Posting of Bond Funds

Answer - Answer

10/1/2021: Answer - Answer

Request for Dismissal - Request for Dismissal

9/7/2021: Request for Dismissal - Request for Dismissal

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

7/13/2021: Minute Order - Minute Order (Hearing on Motion - Other to Deposit by Stakeholder)

Notice (name extension) - Notice of Ruling on Motion to Deposit

7/15/2021: Notice (name extension) - Notice of Ruling on Motion to Deposit

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

6/1/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

5/18/2021: Proof of Personal Service - Proof of Personal Service

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

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

23 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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  • 12/09/2021
  • Hearing12/09/2021 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 10/01/2021
  • DocketNotice of Posting of Bond Funds; Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff)

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  • 10/01/2021
  • DocketAnswer; Filed by: EZ Builders Group, Inc., a corporation (Defendant)

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  • 09/30/2021
  • DocketOn the Complaint filed by Accredited Surety and Casualty Company, Inc., a corporation on 04/02/2020, Default entered on 05/19/2021, Vacated - .

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  • 09/30/2021
  • DocketAnswer; Filed by: EZ Builders Group, Inc., a corporation (Defendant)

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  • 09/30/2021
  • DocketUpdated -- Stipulation and Order TO SET ASIDE DEFAULT OF EZ BUILDERS GROUP, INC..[PROPOSED ORDER]: Status Date changed from 09/30/2021 to 09/30/2021; Result Date changed from 09/30/2021 to 09/30/2021; As To Parties: removed

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  • 09/30/2021
  • DocketUpdated -- Stipulation and Order TO SET ASIDE DEFAULT OF EZ BUILDERS GROUP, INC.: Name Extension changed from TO SET ASIDE DEFAULT OF EZ BUILDERS GROUP, INC..[PROPOSED ORDER] to TO SET ASIDE DEFAULT OF EZ BUILDERS GROUP, INC. As To Parties: removed

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  • 09/30/2021
  • DocketOrder to Show Cause Re: Status of Settlement Re Distribution of Funds scheduled for 12/09/2021 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 09/30/2021
  • DocketMinute Order (Non-Jury Trial;)

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35 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
  • 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
  • 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
  • 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
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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

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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
  • 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
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

b"

Case Number: 20STLC02950 Hearing Date: July 13, 2021 Dept: 26

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HEARING DATE: Tuesday, July 13, 2021

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JUDGE/DEPT: Blancarte/26

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CASE NAME: Accredited\r\n Surety and Casualty Co., Inc. v. EZ Builders Group, Inc., et al.

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COMP. FILED: 04/02/20

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CASE NUMBER: 20STLC02950

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DISC. C/O: 08/31/21 \r\n

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NOTICE: OK

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MOTION C/O: 09/15/21

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TRIAL DATE: 09/30/21

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PROCEEDINGS: MOTION TO DEPOSIT FUNDS BY STAKEHOLDER, FOR\r\nDISCHARGE OF STAKEHOLDER, FOR ATTORNEY’S\r\nFEES AND TEMPORARY RESTRAINING ORDER

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MOVING PARTY: Plaintiff\r\nAccredited Surety and Casualty Company, Inc.

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RESP. PARTY: None

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MOTION TO DEPOSIT\r\nBY STAKEHOLDER, FOR DISCHARGE OF STAKEHOLDER, FOR\r\nATTORNEY’S FEES; AND FOR TEMPORARY RESTRAINING ORDER

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(CCP §§ 386, 386.5)

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TENTATIVE\r\nRULING:

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Plaintiff Accredited Surety & Casualty Company, Inc.’s Motion to\r\nDeposit by Stakeholder; for Discharge of Stakeholder; Request for Attorney’s\r\nFees and Request for Temporary Restraining Order is GRANTED AS TO THE THIRD\r\nCAUSE OF ACTION FOR INTERPLEADER. INTERPLEADER FUNDS OF $12,500.00 ARE TO BE\r\nDEPOSITED WITH THE COURT WITHIN 30 DAYS.

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TRIAL REMAINS SCHEDULED FOR SEPTEMBER 30, 2021 AT 8:30 AM IN\r\nDEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. IF NO CLAIMS OR APPEARANCES ARE\r\nMADE AT TRIAL, THE MATTER WILL BE SET FOR AN OSC RE: ESCHEATING FUNDS. (CODE\r\nCIV. PROC., § 128; GOVT. CODE, § 68084.1.)

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SERVICE:

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[X] Proof of Service Timely\r\nFiled (CRC, rule 3.1300) OK

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[X] Correct Address (CCP §§\r\n1013, 1013a) OK

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[X] 16/21 Court Days Lapsed\r\n(CCP §§ 12c, 1005(b)) OK

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SUMMARY OF\r\nCOMPLAINT: Action for indemnity,\r\ncontribution and interpleader with respect to construction bond.

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REQUEST FOR RELIEF: Plaintiff seeks an order allowing it\r\nto deposit the interpleader funds from the construction bond, to be discharged\r\nfrom further liability on the bond, to recover attorney’s fees and costs, and\r\nfor entry of a restraining order to prevent needless future costs and\r\nlitigation on the bond.

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OPPOSITION:\r\nNone filed as of July 2, 2021.

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REPLY:\r\nNone filed as of July 2, 2021.

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ANALYSIS:

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

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EZ Builders\r\nGroup, Inc. (“Defendant EZ”), Israel Even Zohar (“Defendant Zohar”), Exclusive\r\nPools, Inc. and Steve Romero. Defendant\r\nWinnwood Properties, LLC was added via “Doe” amendment on April 27, 2020 and\r\nfiled an Answer on May 29, 2020. Defendant Lana Aryan was added via “Doe”\r\namendment on April 22, 2021.

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

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Plaintiff filed the instant Motion to Deposit by\r\nStakeholder, for Discharge of Stakeholder, for\r\nAttorney’s Fees and for Temporary Restraining Order (the “Motion”) on October 23, 2020. The Motion\r\ninitially came for hearing on May 11, 2021 and was continued to allow Plaintiff\r\nto address service of the Summons and Complaint on Defendant Lana Aryan.\r\n(Minute Order, 05/11/21.) Plaintiff has since filed a proof of personal service\r\nwith respect to Defendant Aryan and entered her default on June 1, 2021.

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To date, no\r\nopposition has been filed to the Motion.

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Legal Standard

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Interpleader is a procedure whereby a person holding money\r\nor personal property to which conflicting claims are being made by others, or\r\nmay be made, can join the adverse claimants and force them to litigate their\r\nclaims among themselves. (Code Civ. Proc., § 386, subd. (b).) Hancock Oil\r\nCo. v. Hopkins (1944) 24 Cal.2d 497, 508 (i.e., an escrow-holder who\r\nreceives conflicting demands from the parties to the escrow regarding the funds\r\nor documents he or she holds); City of Morgan Hill v. Brown (1999) 71\r\nCal.App.4th 1114, 1122.)

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Once the stakeholder’s right to interplead is established\r\nand he or she deposits the money or personal property in court, he or she may\r\nbe discharged from liability to any of the claimants. This enables the\r\nstakeholder to avoid multiplicity of actions, and the risk of inconsistent\r\nresults if each of the claimants were to sue him or her separately. (Cantu\r\nv. Resolution Trust Corp. (1992) 4 Cal.App.4th 857, 874; City of Morgan\r\nHill, supra, 71 Cal.App.4th at 1122.)

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

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The stakeholder may seek reimbursement for its costs and\r\nreasonable attorneys’ fees incurred.

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

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

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Discussion

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

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Furthermore, the fees and costs sought by Plaintiff are\r\nproper. Plaintiff’s counsel has expended substantial attorneys’ fees and costs\r\nbringing this action and protecting itself from liability. Specifically,\r\nPlaintiff’s counsel filed the instant action and motion, served all Defendants,\r\nentered default of or dismissed a number of those Defendants, will appear at\r\nthe instant hearing, will deposit the bond, and has sought to preserve the\r\nsurplus funds. (Motion, Pagan Decl., ¶¶6, 10 and Exh. 1.) Fees and costs are\r\nawarded to Plaintiff in the amount of $2,500.00. (Ibid.)

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Conclusion

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Plaintiff Accredited Surety & Casualty Company, Inc.’s Motion to\r\nDeposit by Stakeholder; for Discharge of Stakeholder; Request for Attorney’s\r\nFees and Request for Temporary Restraining Order is GRANTED AS TO THE THIRD\r\nCAUSE OF ACTION FOR INTERPLEADER. INTERPLEADER FUNDS OF $12,500.00 ARE TO BE\r\nDEPOSITED WITH THE COURT WITHIN 30 DAYS.

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Trial remains scheduled for September 30, 2021 at 8:30 am in\r\nDepartment 26 in the Spring Street Courthouse. If no claims or appearances are\r\nmade at trial, the matter will be set for an OSC Re: Escheating Funds. (Code\r\nCiv. Proc., § 128; Govt. Code, § 68084.1.)

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Moving party to give notice.

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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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