This case was last updated from Los Angeles County Superior Courts on 09/11/2020 at 04:04:29 (UTC).

ACCREDITED SURETY AND CASUALTY COMPANY, INC. VS HOUSHANG POURBEMANI, ET AL.

Case Summary

On 10/15/2019 ACCREDITED SURETY AND CASUALTY COMPANY, INC filed a Contract - Other Contract lawsuit against HOUSHANG POURBEMANI. 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:

    *******9552

  • Filing Date:

    10/15/2019

  • 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

KHAVARI RAZ

SOLTANI PAYMAN

BOURBOUR ARDESHIR

POURBEMANI HOUSHANG DBA DREAM DWELL

BEST CHEER STONE INC.

Attorney/Law Firm Details

Plaintiff Attorney

SOSA CARLOS

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Disbursement of Funds) of 09/09/2020

9/9/2020: Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Disbursement of Funds) of 09/09/2020

Request for Dismissal - Request for Dismissal

6/19/2020: Request for Dismissal - Request for Dismissal

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

6/19/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration (name extension) - Declaration in Lieu of Personal Testimony in Support of Plaintiffs Application for Default Judgment by Court

6/19/2020: Declaration (name extension) - Declaration in Lieu of Personal Testimony in Support of Plaintiffs Application for Default Judgment by Court

Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

7/15/2020: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

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

3/5/2020: Minute Order - Minute Order (Hearing on Motion - Other Deposit by Stakeholder)

Certificate of Mailing for - Certificate of Mailing for [Minute Order (Hearing on Motion - Other Deposit by Stakeholder)]

3/5/2020: Certificate of Mailing for - Certificate of Mailing for [Minute Order (Hearing on Motion - Other Deposit by Stakeholder)]

Memorandum of Points & Authorities - Memorandum of Points & Authorities

1/22/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

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

1/22/2020: Motion re: (name extension) - Motion re: Deposit by Stakeholder

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

12/10/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Answer - Answer

11/27/2019: Answer - Answer

Request for Dismissal - Request for Dismissal

11/18/2019: Request for Dismissal - Request for Dismissal

Answer - Answer

11/19/2019: Answer - Answer

Proof of Personal Service - Proof of Personal Service

11/14/2019: Proof of Personal Service - Proof of Personal Service

Proof of Service by Substituted Service - Proof of Service by Substituted Service

11/6/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Request for Dismissal - Request for Dismissal

10/28/2019: Request for Dismissal - Request for Dismissal

Civil Case Cover Sheet - Civil Case Cover Sheet

10/15/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

10/15/2019: First Amended Standing Order - First Amended Standing Order

18 More Documents Available

 

Docket Entries

  • 09/13/2023
  • Hearing09/13/2023 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 04/13/2021
  • Hearing04/13/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/09/2020
  • DocketOrder to Show Cause Re: Escheating of funds scheduled for 09/13/2023 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 09/09/2020
  • DocketMinute Order (Order to Show Cause Re: Disbursement of Funds)

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  • 09/09/2020
  • DocketCertificate of Mailing for (Order to Show Cause Re: Disbursement of Funds) of 09/09/2020; Filed by: Clerk

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  • 09/09/2020
  • DocketOrder to Show Cause Re: Disbursement of Funds scheduled for 09/09/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 09/09/2020; Result Type to Held

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  • 07/15/2020
  • DocketNotice of Rejection - Application for Default Judgment by Court - Contract or Tort; Filed by:

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  • 07/14/2020
  • DocketOrder to Show Cause Re: Disbursement of Funds scheduled for 09/09/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 07/14/2020
  • DocketNon-Jury Trial scheduled for 04/13/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 07/14/2020
  • DocketCourt orders judgment entered for Plaintiff Accredited Surety and Casualty Company, Inc. against Defendant Houshang Pourbemani DBA Dream Dwell on the Complaint filed by Accredited Surety and Casualty Company, Inc. on 10/15/2019 for damages of $15,000.00, attorney fees of $1,476.91, and costs of $3,045.00 for a total of $19,521.91.

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34 More Docket Entries
  • 10/28/2019
  • DocketRequest for Dismissal; Filed by: Accredited Surety and Casualty Company, Inc. (Plaintiff); As to: Best Cheer Stone, Inc. (Defendant)

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  • 10/28/2019
  • DocketOn the Complaint filed by Accredited Surety and Casualty Company, Inc. on 10/15/2019, entered Request for Dismissal without prejudice filed by Accredited Surety and Casualty Company, Inc. as to Best Cheer Stone, Inc.

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  • 10/16/2019
  • DocketNon-Jury Trial scheduled for 04/13/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/16/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/18/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/16/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 10/15/2019
  • DocketComplaint; Filed by: Accredited Surety and Casualty Company, Inc. (Plaintiff); As to: Houshang Pourbemani (Defendant); Best Cheer Stone, Inc. (Defendant); Payman Soltani (Defendant) et al.

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  • 10/15/2019
  • DocketCivil Case Cover Sheet; Filed by: Accredited Surety and Casualty Company, Inc. (Plaintiff); As to: Houshang Pourbemani (Defendant); Best Cheer Stone, Inc. (Defendant); Payman Soltani (Defendant) et al.

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  • 10/15/2019
  • DocketSummons on Complaint; Issued and Filed by: Accredited Surety and Casualty Company, Inc. (Plaintiff); As to: Houshang Pourbemani (Defendant); Best Cheer Stone, Inc. (Defendant); Payman Soltani (Defendant) et al.

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  • 10/15/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/15/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC09552    Hearing Date: March 05, 2020    Dept: 25

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

(CCP §§ 386, 386.5)

TENTATIVE RULING:

Plaintiff Accredited Surety and Casualty Company, Inc.’s Motion to Deposit by Stakeholder and for Discharge is GRANTED. Plaintiff’s request for attorney’s fees and costs is also GRANTED in the amount of $2,000.00. Interpleader funds of $13,000.00 are to be deposited within ten (10) days of receipt of this order.

Trial date remains scheduled for April 13, 2021 at 8:30 a.m. in Department 25.

ANALYSIS:

  1. Background

On October 15, 2019, Plaintiff Accredited Surety and Casualty Company, Inc. (“Plaintiff”) filed an action for indemnity, reimbursement, and interpleader against Defendants Houshang Pourbemani individually and dba Dream Dwell (“Pourbemani”), Best Cheer Stone, Inc. (“Best Stone”), Payman Soltani (“Soltani”), Raz Khavari (“Khavari”), and Ardeshir Bourbour (“Bourbour”) (collectively, “Defendants”). Defendants Soltani and Bourbour filed an Answer on November 19, 2019, and November 27, 2019, respectively. Defendant Best Cheer was dismissed on October 29, 2019, and Defendant Khavari was dismissed on November 19, 2019. Default was entered as to Defendant Pourbemani on December 10, 2019.

On January 22, 2020, Plaintiff filed the instant Motion to Deposit by Stakeholder, for Discharge, and for Attorney’s Fees (the “Motion”). To date, no opposition briefs 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

Here, all claimants have been served with the Summons and Complaint, and have either filed an answer, been dismissed, or have defaulted. The subject matter of this action is a $15,000.00 contractor’s bond. (Mot., Sosa Decl., ¶ 2.) Plaintiff states it has no interest in the proceeds and that it cannot determine the validity of the conflicting demands that have been made as to the 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 the interpleader. (Code Civ. Proc., §§ 386, 386.5.)

Furthermore, the fees and costs sought by Plaintiff are proper. Plaintiff’s counsel has expended substantial attorney’s fees and costs brining this action and protecting itself from liability. Specifically, Plaintiff’s counsel filed the instant action and Motion, served all Defendants, will deposit the bond, and sought to preserve the surplus funds. (Mot., Sosa Decl., ¶ 6, 7, 10, Exh. 1.) Therefore, fees and costs are awarded in the amount of $2,000.00. (Id. at ¶ 10.) Plaintiff is to deposit funds of $13,000.00 within ten (10) days of receipt of this order.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Accredited Surety and Casualty Company, Inc.’s Motion to Deposit by Stakeholder and for Discharge is GRANTED. Plaintiff’s request for attorney’s fees and costs is also GRANTED in the amount of $2,000.00. Interpleader funds of $13,000.00 are to be deposited within ten (10) days of receipt of this order.

Trial date remains scheduled for April 13, 2021 at 8:30 a.m. in Department 25.

Moving party is ordered to give notice.