This case was last updated from Los Angeles County Superior Courts on 11/24/2020 at 04:18:16 (UTC).

ACCREDITED SURETY AND CASUALTY COMPANY, INC. VS ENERGY ENTERPRISES USA, ET AL.

Case Summary

On 06/21/2019 ACCREDITED SURETY AND CASUALTY COMPANY, INC filed a Contract - Other Contract lawsuit against ENERGY ENTERPRISES USA. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5900

  • Filing Date:

    06/21/2019

  • 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

JAMES E. BLANCARTE

 

Party Details

Plaintiff

ACCREDITED SURETY AND CASUALTY COMPANY INC.

Defendants

NUGENT LAURA

AB SOLAR INC.

NUGENT DENZEL

AGAM LIOR

SUNAMP ELECTRIC INC.

HOME NETWORKS ELECTRIC & SOLAR INC.

ENERGY ENTERPRISES USA DBA CANOPY ENERGY

WYATT CAREN

CARDIEL DBA PROSUN SOLAR ALFONSO DBA PROSUN SOLAR

Attorney/Law Firm Details

Plaintiff Attorney

PAGAN JOHN

Defendant Attorneys

WANG WILLIE

SCHULTZ WILLIAM

 

Court Documents

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

11/2/2020: Notice (name extension) - Notice of Ruling on Motion to Deposit

Reply (name extension) - Reply Supplemental Pleadings in Support of Motion to Deposit

10/5/2020: Reply (name extension) - Reply Supplemental Pleadings in Support of Motion to Deposit

Notice (name extension) - Notice Amended Notice of Motion to Deposit by Stakeholder

4/13/2020: Notice (name extension) - Notice Amended Notice of Motion to Deposit by Stakeholder

Notice (name extension) - Notice Amended Notice of Motion to Deposit by Stakeholder

3/12/2020: Notice (name extension) - Notice Amended Notice of Motion to Deposit by Stakeholder

Memorandum of Points & Authorities - Memorandum of Points & Authorities

10/15/2019: Memorandum of Points & Authorities - Memorandum of Points & Authorities

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

9/23/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Answer - Answer

9/6/2019: Answer - Answer

Affidavit (name extension) - Affidavit of Reasonable Diligence

8/22/2019: Affidavit (name extension) - Affidavit of Reasonable Diligence

Request for Dismissal - Request for Dismissal

8/28/2019: Request for Dismissal - Request for Dismissal

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

8/23/2019: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

Request for Dismissal - Request for Dismissal

7/25/2019: Request for Dismissal - Request for Dismissal

Request for Dismissal - Request for Dismissal

8/8/2019: Request for Dismissal - Request for Dismissal

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

8/20/2019: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

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

8/20/2019: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

Complaint - Complaint

6/21/2019: Complaint - Complaint

Summons - Summons on Complaint

6/21/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

6/21/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

6/21/2019: First Amended Standing Order - First Amended Standing Order

21 More Documents Available

 

Docket Entries

  • 06/24/2022
  • Hearing06/24/2022 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 02/01/2021
  • Hearing02/01/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 11/16/2020
  • DocketNon-Jury Trial scheduled for 02/01/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 11/16/2020
  • DocketMinute Order (Court Order)

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  • 11/16/2020
  • DocketCertificate of Mailing for (Court Order) of 11/16/2020; Filed by: Clerk

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  • 11/16/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 12/18/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 02/01/2021 08:30 AM

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  • 11/02/2020
  • DocketNotice of Ruling on Motion to Deposit; Filed by: Accredited Surety and Casualty Company, Inc. (Plaintiff)

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  • 10/29/2020
  • DocketMinute Order (Hearing on Motion - Other to Deposit by Stakeholder)

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  • 10/29/2020
  • DocketHearing on Motion - Other to Deposit by Stakeholder scheduled for 10/29/2020 at 11:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 10/29/2020; Result Type to Held - Motion Granted

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  • 10/05/2020
  • DocketReply Supplemental Pleadings in Support of Motion to Deposit; Filed by: Accredited Surety and Casualty Company, Inc. (Plaintiff)

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30 More Docket Entries
  • 07/25/2019
  • DocketRequest for Dismissal; Filed by: Accredited Surety and Casualty Company, Inc. (Plaintiff); As to: Denzel Nugent (Defendant); Laura Nugent (Defendant)

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  • 07/25/2019
  • DocketOn the Complaint filed by Accredited Surety and Casualty Company, Inc. on 06/21/2019, entered Request for Dismissal without prejudice filed by Accredited Surety and Casualty Company, Inc. as to Denzel Nugent and Laura Nugent

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  • 06/24/2019
  • DocketNon-Jury Trial scheduled for 12/18/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/24/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/24/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/24/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 06/21/2019
  • DocketComplaint; Filed by: Accredited Surety and Casualty Company, Inc. (Plaintiff); As to: Energy Enterprises USA (Defendant); Lior Agam (Defendant); AB Solar, Inc. (Defendant) et al.

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  • 06/21/2019
  • DocketCivil Case Cover Sheet; Filed by: Accredited Surety and Casualty Company, Inc. (Plaintiff); As to: Energy Enterprises USA (Defendant); Lior Agam (Defendant); AB Solar, Inc. (Defendant) et al.

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  • 06/21/2019
  • DocketSummons on Complaint; Issued and Filed by: Accredited Surety and Casualty Company, Inc. (Plaintiff); As to: Energy Enterprises USA (Defendant); Lior Agam (Defendant); AB Solar, Inc. (Defendant) et al.

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  • 06/21/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/21/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC05900    Hearing Date: October 29, 2020    Dept: 25

HEARING DATE: Thu., October 29, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Accredited Surety and Casualty Co., Inc. v. Energy Enterprises USA, Inc., et al.

CASE NUMBER: 19STLC05900 COMPL. FILED: 06-21-19

NOTICE: OK DISC. C/O: 11-18-20

DISC. MOT. C/O: 12-03-20

TRIAL DATE: 12-18-20

PROCEEDINGS: MOTION TO DEPOSIT BY STAKEHOLDER; FOR DISCHARGE OF STAKEHOLDER; REQUEST FOR ATTORNEY’S FEES

MOVING PARTY: Plaintiff Accredited Surety and Casualty Company, Inc.

RESP. PARTY: None

MOTION TO DEPOSIT BY STAKEHOLDER, TO DISCHARGE LIABILITY, AND REQUEST FOR ATTORNEY’S FEES

(CCP §§ 386, 386.5)

TENTATIVE RULING:

Plaintiff Accredited Surety and Casualty Company, Inc.’s Motion is GRANTED. Plaintiff’s request for attorney’s fees and costs is also GRANTED in the amount of $2,200.00. Interpleader funds of $12,800.00 are to be deposited within thirty (30) days of receipt of this order.

Trial remains scheduled for December 18, 2020 at 8:30 a.m. in Department 25.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

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

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

OPPOSITION: None filed as of October 27, 2020 [ ] Late [X] None

REPLY: None filed as of October 27, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On June 21, 2019, Plaintiff Accredited Surety and Casualty Company, Inc. (“Plaintiff”) filed an action for indemnity, reimbursement, and interpleader against Energy Enterprises USA, Inc. dba Canopy Energy (“Energy Enterprises”), Lior Agam (“Agam”), AB Solar, Inc. (“AB Solar”), Home Networks, Electric & Solar, Inc. (“Home Networks”), Sunamp Electric, Inc. (“Sunamp”), Denzel Nugent and Laura Nugent (the “Nugents”), and Caren Wyatt (“Wyatt”). On August 23, 2019, Plaintiff filed an amendment to the Complaint, substituting Defendant Alfonso Cardiel dba Prosun Solar (“Cardiel”) for Doe 21.

The Nugent Defendants were dismissed on July 25, 2019, Defendant AB Solar was dismissed on August 12, 2019, and Defendant Home Networks was dismissed on August 29, 2019. Defendants Energy Enterprises and Agam filed a joint Answer on September 9, 2019. In addition, default was entered as to Defendants Wyatt and Sunamp on September 23, 2019, and October 9, 2019, respectively.

Plaintiff filed the instant Motion to Deposit by Stakeholder; for Discharge of Stakeholder; and Request for Attorney’s Fees (the “Motion”) on October 15, 2019. At the initial August 26, 2020 hearing, the Court noted Plaintiff had not filed a proof of service demonstrating Defendant Cardiel was served with this action. (8/26/20 Minute Order.) Thus, the Court continued the matter to allow Plaintiff an opportunity to serve Defendant Cardiel. (Id.)

Defendant Cardiel filed his Answer on August 31, 2020. Plaintiff also filed supplemental papers on October 5, 2020.

No oppositions have been filed.

  1. Legal Standard

Interpleader is a procedure whereby a person holding money or personal property to which conflicting claims are being made by others, can join the adverse claimants and force them to litigate their claims among themselves. (For example, an escrow-holder who receives conflicting demands from the parties to the escrow regarding the funds or documents he or she holds.) (Hancock Oil Co. v. Hopkins (1944) 24 C2d 497, 508; 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 a 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 v. Brown, 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.)

If the defendant-stakeholder claims no interest in the funds or property held, he or she need not file an interpleader cross-complaint. He or she may simply apply to the court for permission to deposit the money or property with the court clerk, and for an order discharging him or her from further liability to the adverse claimants. Such order will also substitute the adverse claimants as parties to the action; or, if only money is involved, simply dismiss the stakeholder. (Code Civ. Proc., §§ 386, subd. (a), 386.5.) The motion must be supported by an affidavit by the stakeholder establishing the ground for interpleader. (Code Civ. Proc., § 386, Subd. (a).) The supporting affidavit must also state that the moving party is “a mere stakeholder with no interest in the amount or any portion thereof and that conflicting demands have been made upon him for the amount by parties to the action…” (Code Civ. Proc., § 386.5.) Notice of the motion must be served on each of the adverse claimants to the funds or property. (Code Civ. Proc., §§ 386, subd. (a), 386.5.) “Where a deposit has been made pursuant to Section 386, the court shall, upon the application of any party to the action, order such deposit to be invested in an insured interest-bearing account.” (Code Civ. Proc., § 386.1.)

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. (Code Civ. Proc., § 386.6.)

  1. Discussion

Plaintiff’s request to be discharged from liability is GRANTED. All claimants have been served with the Summons and Complaint and have either been dismissed, filed an answer, or have defaulted. The subject matter of this action is a $15,000.00 contractor’s bond, Bond. No. 10092437 (the “Bond”). (Notice of Mot., p. 2, ¶ 1, Pagan Decl., ¶ 2.) Plaintiff states that it has no interest in the proceeds and that it cannot determine the validity of the conflicting claims that have been made as to the Bond funds. (Id. at ¶ 8.) Thus, upon deposit of the funds with the Court, Plaintiff is discharged from further liability. In addition, the Court enters a restraining order to prevent the prosecution of other actions affecting the rights and obligations as between the parties in this interpleader action. (Code Civ. Proc., §§ 386, 386.5.)

Plaintiff seeks attorney’s fees and costs of $2,200.00. (Mot., Pagan Decl., ¶ 6, Exh. 1.) Plaintiff has expended substantial attorney’s fees and costs in bringing this action and protecting itself from liability. Specifically, Plaintiff’s counsel filed the instant action and Motion, served all claimants, communicated with claimants regarding the interpleader procedure, sought to preserve the Bond funds, and will deposit the Bond funds. (Id. at ¶¶ 6, 7, 10, Exh. 1.) Thus, the Court finds the fees and costs sought by Plaintiff to be reasonable. Fees and costs are awarded in the amount of $2,200.00.

Plaintiff is ordered to deposit Bond funds of $12,800.00 within thirty (30) days of receipt of this order.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Accredited Surety and Casualty Company, Inc.’s Motion is GRANTED. Plaintiff’s request for attorney’s fees and costs is also GRANTED in the amount of $2,200.00. Interpleader funds of $12,800.00 are to be deposited within thirty (30) days of receipt of this order.

Trial remains scheduled for December 18, 2020 at 8:30 a.m. in Department 25.

Moving party is ordered to give notice.

Case Number: 19STLC05900    Hearing Date: August 26, 2020    Dept: 25

HEARING DATE: Wed., August 26, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Accredited Surety and Casualty Co., Inc. v. Energy Enterprises USA, Inc., et al.

CASE NUMBER: 19STLC05900 COMPL. FILED: 06-21-19

NOTICE: OK DISC. C/O: 11-18-20

DISC. MOT. C/O: 12-03-20

TRIAL DATE: 12-18-20

PROCEEDINGS: MOTION TO DEPOSIT BY STAKEHOLDER; FOR DISCHARGE OF STAKEHOLDER; REQUEST FOR ATTORNEY’S FEES

MOVING PARTY: Plaintiff Accredited Surety and Casualty Company, Inc.

RESP. PARTY: None

MOTION TO DEPOSIT BY STAKEHOLDER, TO DISCHARGE LIABILITY, AND REQUEST FOR ATTORNEY’S FEES

(CCP §§ 386, 386.5)

TENTATIVE RULING:

Plaintiff Accredited Surety and Casualty Company, Inc.’s Motion is CONTINUED TO OCTOBER 29, 2020 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the Motion being placed off calendar or denied.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

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

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

OPPOSITION: None filed as of August 24, 2020 [ ] Late [X] None

REPLY: None filed as of August 24, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On June 21, 2019, Plaintiff Accredited Surety and Casualty Company, Inc. (“Plaintiff”) filed an action for indemnity, reimbursement, and interpleader against Energy Enterprises USA, Inc. dba Canopy Energy (“Energy Enterprises”), Lior Agam (“Agam”), AB Solar, Inc. (“AB Solar”), Home Networks, Electric & Solar, Inc. (“Home Networks”), Sunmap Electric, Inc. (“Sunmap”), Denzel Nugent and Laura Nugent (the “Nugents”), and Caren Wyatt (“Wyatt”). On August 23, 2019, Plaintiff filed an amendment to the Complaint, substituting Defendant Alfonso Cardiel dba Prosun Solar (“Cardiel”) for Doe 21.

The Nugent Defendants were dismissed on July 25, 2019, Defendant AB Solar was dismissed on August 12, 2019, and Defendant Home Networks was dismissed on August 29, 2019. Defendants Energy Enterprises and Agam filed a joint Answer on September 9, 2019. Finally, default was entered as to Defendants Wyatt and Sunmap on September 23, 2019, and October 9, 2019, respectively. To date, Plaintiff has not filed a proof of service demonstrating Defendant Cardiel has been served with this action.

Plaintiff filed the instant Motion to Deposit by Stakeholder; for Discharge of Stakeholder; and Request for Attorney’s Fees (the “Motion”) on October 15, 2019. To date, no opposition has been filed.

  1. Legal Standard

Interpleader is a procedure whereby a person holding money or personal property to which conflicting claims are being made by others, can join the adverse claimants and force them to litigate their claims among themselves. (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.)

If the stakeholder is a defendant who claims no interest in the funds or property held, he or she need not file a cross-complaint interpleader in interpleader. (Code Civ. Proc., §§ 386, subd. (a).) He or she may simply apply to the court for permission to deposit the money or property with the court clerk, and for an order discharging him or her from further liability to the adverse claimants. (Code Civ. Proc., § 386, subd. (a).) Such order will also substitute the adverse claimants as parties to the action; or, if only money is involved, simply dismiss the stakeholder. (Code Civ. Proc., §§ 386, subd. (a), 386.5.) The motion must be supported by an affidavit by the stakeholder establishing the ground for interpleader. (Code Civ. Proc., §§ 386, subd. (a), 386.5.) Notice of the motion must be served on each of the adverse claimants to the funds or property. (Code Civ. Proc., §§ 386, subd. (a), 386.5.)

  1. Discussion

As an initial matter, the Court notes that Plaintiff has not yet served all claimants with the Summons and Complaint. As noted above, Plaintiff has not filed a proof of service demonstrating Defendant Cardiel was properly served with this action.

Thus, the Court will continue the hearing to allow Plaintiff an opportunity to file a proof of service as to Defendant Cardiel.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Accredited Surety and Casualty Company, Inc.’s Motion is CONTINUED TO OCTOBER 29, 2020 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.