This case was last updated from Los Angeles County Superior Courts on 07/02/2020 at 20:00:14 (UTC).

ACCREDITED SURETY AND CASUALTY COMPANY, INC., VS SCC SOLAR ENERGY, INC., A CORPORATION, ET AL.

Case Summary

On 06/03/2019 ACCREDITED SURETY AND CASUALTY COMPANY, INC filed a Contract - Other Contract lawsuit against SCC SOLAR ENERGY, 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 WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5281

  • Filing Date:

    06/03/2019

  • 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

WENDY CHANG

 

Party Details

Plaintiff

ACCREDITED SURETY AND CASUALTY COMPANY INC.

Defendants

CHRISTENSON ROBERT AKA ROBERT DEVON CHRISTENSON

PATENCIO CANDACE

SCC SOLAR ENERGY INC. A CORPORATION

CRONIN THOMAS

AHMADI MOHAMMAD

CANFIELD ADAM

ECOLIVING INC. A CORPORATION

EISENHOWER WILLIAM

PARRAGA AN INDIVIDUAL JAIME

Attorney/Law Firm Details

Plaintiff Attorney

PAGAN JOHN

 

Court Documents

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

5/15/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

2/24/2020: Proof of Personal Service - Proof of Personal Service

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

1/23/2020: Minute Order - Minute Order (Hearing on Motion - Other Motion to Deposit by Stakeholder)

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

1/27/2020: Notice (name extension) - Notice of Ruling on Motion to Deposit

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

2/5/2020: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

Affidavit (name extension) - Affidavit of Reasonable Diligence

10/22/2019: Affidavit (name extension) - Affidavit of Reasonable Diligence

Proof of Personal Service - Proof of Personal Service

9/5/2019: Proof of Personal Service - Proof of Personal Service

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

8/27/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

8/29/2019: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

8/7/2019: Proof of Personal Service - Proof of Personal Service

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

8/7/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

7/10/2019: Proof of Personal Service - Proof of Personal Service

Answer - Answer

7/15/2019: Answer - Answer

Affidavit (name extension) - Affidavit of Reasonable Diligence

7/16/2019: Affidavit (name extension) - Affidavit of Reasonable Diligence

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

7/18/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

7/1/2019: Proof of Personal Service - Proof of Personal Service

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

6/3/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

6/3/2019: First Amended Standing Order - First Amended Standing Order

20 More Documents Available

 

Docket Entries

  • 06/06/2022
  • Hearing06/06/2022 at 10:30 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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  • 11/30/2020
  • Hearing11/30/2020 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 05/15/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Accredited Surety and Casualty Company, Inc., (Plaintiff); As to: Jaime Parraga , an individual (Defendant)

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  • 05/15/2020
  • DocketDefault entered as to Jaime Parraga , an individual; On the Complaint filed by Accredited Surety and Casualty Company, Inc., on 06/03/2019

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  • 02/24/2020
  • DocketProof of Personal Service; Filed by: Accredited Surety and Casualty Company, Inc., (Plaintiff); As to: Jaime Parraga , an individual (Defendant); Service Date: 02/06/2020; Service Cost: 65.00; Service Cost Waived: No

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  • 02/05/2020
  • DocketAmendment to Complaint (Fictitious/Incorrect Name); Filed by: Accredited Surety and Casualty Company, Inc., (Plaintiff); As to: Jaime Parraga , an individual (Defendant)

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  • 01/27/2020
  • DocketNotice of Ruling on Motion to Deposit; Filed by: Accredited Surety and Casualty Company, Inc., (Plaintiff)

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  • 01/23/2020
  • DocketMinute Order (Hearing on Motion - Other Motion to Deposit by Stakeholder)

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  • 01/23/2020
  • DocketHearing on Motion - Other Motion to Deposit by Stakeholder scheduled for 01/23/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 01/23/2020; Result Type to Held

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  • 12/12/2019
  • DocketRequest for Entry of Default / Judgment; Filed by: Accredited Surety and Casualty Company, Inc., (Plaintiff); As to: Adam Canfield (Defendant)

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27 More Docket Entries
  • 07/10/2019
  • DocketProof of Personal Service; Filed by: Accredited Surety and Casualty Company, Inc., (Plaintiff); As to: Thomas Cronin (Defendant); Service Date: 06/23/2019; Service Cost: 65.00; Service Cost Waived: No

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  • 07/01/2019
  • DocketProof of Personal Service; Filed by: Accredited Surety and Casualty Company, Inc., (Plaintiff); As to: Candace Patencio (Defendant); Service Date: 06/17/2019; Service Cost: 75.00; Service Cost Waived: No

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  • 06/03/2019
  • DocketNon-Jury Trial scheduled for 11/30/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/03/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/06/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/03/2019
  • DocketComplaint; Filed by: Accredited Surety and Casualty Company, Inc., (Plaintiff); As to: SCC Solar Energy, Inc., a corporation (Defendant); Robert Christenson (Defendant); Mohammad Ahmadi (Defendant) et al.

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  • 06/03/2019
  • DocketCivil Case Cover Sheet; Filed by: Accredited Surety and Casualty Company, Inc., (Plaintiff); As to: SCC Solar Energy, Inc., a corporation (Defendant); Robert Christenson (Defendant); Mohammad Ahmadi (Defendant) et al.

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  • 06/03/2019
  • DocketSummons on Complaint; Issued and Filed by: Accredited Surety and Casualty Company, Inc., (Plaintiff); As to: SCC Solar Energy, Inc., a corporation (Defendant); Robert Christenson (Defendant); Mohammad Ahmadi (Defendant) et al.

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  • 06/03/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/03/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 06/03/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC05281    Hearing Date: January 23, 2020    Dept: 26

Accredited Surety and Casualty Co., Inc. v. SCC Solar Energy, et al.

MOTION TO DEPOSIT FEES, DISCHARGE LIABILITY, REQUEST FOR ATTORNEY’S FEES AND RESTRAINING ORDER

(CCP §§ 386, 386.5)

TENTATIVE RULING:

Plaintiff Accredited Surety and Casualty Co., Inc.’s Motion to Deposit Fees, etc. is GRANTED AS TO THE COMPLAINT’S THIRD CAUSE OF ACTION FOR INTERPLEADER. INTERPLEADER FUNDS OF $13,000.00 TO BE DEPOSITED WITH THIRTY (30) DAYS.

Trial date remains scheduled for November 30, 2020 at 8:30 am in Department 26.

ANALYSIS:

On June 3, 2019, Accredited Surety and Casualty Co., Inc. (“Plaintiff”) filed this action for indemnity, reimbursement and interpleader with respect to a construction bond (Bond No. 10095976 in the amount of $15,000.00) issued to Defendants SCC Solar Energy, Inc. and Robert Christenson aka Robert Devon Christenson (“Indemnitors”). (Compl., ¶¶7-8.) Indemnitors allegedly entered into an agreement with Plaintiff for issuance of the bond and in exchange, agreed to indemnify Plaintiff against any claims, costs or liability it incurred as a result of executing the bond. (Ibid.) Plaintiff alleges that conflicting claims have been made on the subject Bond by Defendants Mohammad Ahmadi, Adam Canfield, Thomas Cronin, Candace Patencio, William Eisenhower and Ecoliving, Inc. (Id. at ¶22.)

On August 29, 2019, Plaintiff filed the instant Motion to Deposit Interpleader Funds, etc. To date, no opposition to the Motion 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, 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.)

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 Complaint in Interpleader is granted. As all claimants have been served with the Summons and Complaint, served with the instant motion, are in default, or were dismissed from the action, relief is proper. (Motion, Pagan Decl., ¶¶4-5; Code Civ. Proc., §§ 386 and 386.5.) The subject matter of this action is a Contractor’s State License Bond in the amount of $15,000.00. (Id. at ¶2.) Currently, Plaintiff cannot determine the validity of the conflicting demands that have been made. (Id. at ¶8.) Upon deposit of the funds to the court, Plaintiff may be discharged from further liability. (Code Civ. Proc., §§ 386.5, 386, subd. (f).) Accordingly, the Court also issues an order restraining all parties to the action from instituting or continuing to prosecute any other proceeding in any court in this state that would affect the parties’ rights and obligations as to the funds until further order of the Court. (Code Civ. Proc., § 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, will appear at the instant hearing, will deposit the bond, and has sought to preserve the surplus funds. (Motion, Pagan Decl., ¶10 and Exh. 1.) Therefore, fees and costs are awarded in the amount of $2,000.00. (Ibid.) Plaintiff is to deposit the funds of $13,000.00 within 10 days of receipt of this order.

Plaintiff’s Motion to Deposit by Stakeholder, etc. is GRANTED AS TO THE COMPLAINT’S THIRD CAUSE OF ACTION FOR INTERPLEADER. INTERPLEADER FUNDS OF $12,000.00 TO BE DEPOSITED WITH THIRTY (30) DAYS. Trial date remains scheduled for November 30, 2020 at 8:30 am in Department 26.

Moving party to give notice.