This case was last updated from Los Angeles County Superior Courts on 03/18/2021 at 06:11:34 (UTC).

ACCREDITED SURETY CASUALTY COMPANY, INC., A CALIFORNIA CORPORATION VS ANDREW CARNAHAN TYLER, ET AL.

Case Summary

On 08/07/2019 ACCREDITED SURETY CASUALTY COMPANY, INC , A CALIFORNIA CORPORATION filed a Contract - Other Contract lawsuit against ANDREW CARNAHAN TYLER. 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 Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7338

  • Filing Date:

    08/07/2019

  • Case Status:

    Disposed - Judgment Entered

  • 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 CASUALTY COMPANY INC. A CALIFORNIA CORPORATION

Defendants

BARRERO JAMES R

MARTINEZ ERNESTO DBA MARTINEZ CONCRETE CONSTRUCTION

TYLER ANDREW CARNAHAN DBA SUNSET CONTRACTORS

PAULI DIANA L

Attorney/Law Firm Details

Plaintiff Attorney

SOSA CARLOS

Defendant Attorneys

FEDERMAN DOUGLAS ERIC

BARRERO NESTOR

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Entry of Default Judgment for Ernesto...) of 02/10/2021

2/10/2021: Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Entry of Default Judgment for Ernesto...) of 02/10/2021

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

10/27/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Trial Brief - Trial Brief

10/27/2020: Trial Brief - Trial Brief

Declaration (name extension) - Declaration That the Copies of the Exhibits Are True and Correct Copies of the Originals

10/27/2020: Declaration (name extension) - Declaration That the Copies of the Exhibits Are True and Correct Copies of the Originals

Order (name extension) - Order Accepting Use of Copies in Lieu of Originals

10/27/2020: Order (name extension) - Order Accepting Use of Copies in Lieu of Originals

Request for Dismissal - Request for Dismissal

10/27/2020: Request for Dismissal - Request for Dismissal

Minute Order - Minute Order (Court Order)

11/12/2020: Minute Order - Minute Order (Court Order)

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

4/24/2020: Notice (name extension) - Notice re Continuance of Motion to Deposit by Stakeholder

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

3/23/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Memorandum of Points & Authorities - Memorandum of Points & Authorities

10/22/2019: Memorandum of Points & Authorities - Memorandum of Points & Authorities

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

10/9/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

9/20/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

9/6/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Answer - Answer to Complaint in Interpleader

9/3/2019: Answer - Answer to Complaint in Interpleader

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

8/15/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Summons - Summons on Complaint

8/7/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

8/7/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

8/7/2019: First Amended Standing Order - First Amended Standing Order

23 More Documents Available

 

Docket Entries

  • 02/10/2021
  • DocketMinute Order (Order to Show Cause Re: Entry of Default Judgment for Ernesto...)

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  • 02/10/2021
  • DocketCertificate of Mailing for (Order to Show Cause Re: Entry of Default Judgment for Ernesto...) of 02/10/2021; Filed by: Clerk

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  • 02/10/2021
  • DocketOn the Complaint filed by Accredited Surety Casualty Company, Inc., a California corporation on 08/07/2019, entered Order for Dismissal without prejudice as to the entire action

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  • 02/10/2021
  • DocketOrder to Show Cause Re: Entry of Default Judgment for Ernesto Martinez/Dismissal of the Case scheduled for 02/10/2021 at 09:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/10/2021; Result Type to Held

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  • 01/05/2021
  • DocketAbstract of Judgment - Civil and Small Claims; Issued by: Accredited Surety Casualty Company, Inc., a California corporation (Plaintiff)

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  • 11/12/2020
  • DocketOrder to Show Cause Re: Entry of Default Judgment for Ernesto Martinez/Dismissal of the Case scheduled for 02/10/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 11/12/2020
  • DocketMinute Order (Court Order)

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  • 11/12/2020
  • DocketCertificate of Mailing for (Court Order) of 11/12/2020; Filed by: Clerk

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  • 11/06/2020
  • DocketUpdated -- Order Accepting Use of Copies in Lieu of Originals: Filed By: Accredited Surety Casualty Company, Inc., a California corporation (Plaintiff); Result: Granted; Result Date: 11/06/2020

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  • 11/05/2020
  • DocketCourt orders judgment entered for Plaintiff Accredited Surety Casualty Company, Inc., a California corporation against Defendant Andrew Carnahan Tyler DBA Sunset Contractors on the Complaint filed by Accredited Surety Casualty Company, Inc., a California corporation on 08/07/2019 for damages of $15,000.00, attorney fees of $2,010.81, and costs of $3,432.50 for a total of $20,443.31.

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34 More Docket Entries
  • 09/03/2019
  • DocketAnswer to Complaint in Interpleader; Filed by: Diana L Pauli (Defendant); As to: Accredited Surety Casualty Company, Inc., a California corporation (Plaintiff)

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  • 08/15/2019
  • DocketProof of Service by Substituted Service; Filed by: Accredited Surety Casualty Company, Inc., a California corporation (Plaintiff); As to: Diana L Pauli (Defendant); Proof of Mailing Date: 08/12/2019; Service Cost: 0.00; Service Cost Waived: No

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  • 08/09/2019
  • DocketNon-Jury Trial scheduled for 02/03/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/09/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/10/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/09/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 08/07/2019
  • DocketComplaint; Filed by: Accredited Surety Casualty Company, Inc., a California corporation (Plaintiff); As to: Andrew Carnahan Tyler (Defendant); James R Barrero (Defendant); Diana L Pauli (Defendant) et al.

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  • 08/07/2019
  • DocketSummons on Complaint; Issued and Filed by: Accredited Surety Casualty Company, Inc., a California corporation (Plaintiff); As to: Andrew Carnahan Tyler (Defendant); James R Barrero (Defendant); Diana L Pauli (Defendant) et al.

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  • 08/07/2019
  • DocketCivil Case Cover Sheet; Filed by: Accredited Surety Casualty Company, Inc., a California corporation (Plaintiff); As to: Andrew Carnahan Tyler (Defendant); James R Barrero (Defendant); Diana L Pauli (Defendant) et al.

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  • 08/07/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/07/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC07338    Hearing Date: July 27, 2020    Dept: 25

HEARING DATE: Mon., July 27, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Accredited Surety Casualty Company, Inc. v. Tyler, et al.

CASE NUMBER: 19STLC07338 COMP. FILED: 08-07-19

NOTICE: OK DISC. C/O: 01-04-21

MOTION C/O: 01-19-21

TRIAL DATE: 02-03-21

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

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

RESP. PARTY: None

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 of Stakeholder 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 thirty (30) days of receipt of this order.

Trial date remains scheduled for February 3, 2021 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 July 24, 2020 [ ] Late [X] None

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

ANALYSIS:

  1. Background

On August 7, 2019, Plaintiff Accredited Surety and Casualty Company, Inc. (“Plaintiff”) filed an action for indemnity, interpleader, and reimbursement against Defendants Andrew Carnahan Tyler (“Tyler”), individually and dba Sunset Contractors, James R. Barrero (“Barrero”), Diana L. Pauli (“Pauli”), and Ernesto Martinez (“Martinez”) individually and dba Martinez Concrete Construction. Defendant Pauli filed an Answer on September 3, 2019, and Defendant Barrero filed an Answer on September 26, 2019. Default was entered as to Defendant Tyler and Sunset Contractors on September 20, 2019, and as to Defendant Martinez and Martinez Concrete Construction on October 9, 2019.

On October 22, 2019, Plaintiff filed the instant Motion to Deposit by Stakeholder, for Discharge of Stakeholder, and Request for Attorney Fees (the “Motion”). 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. (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 filed an answer or have defaulted. The subject matter of this action is a $15,000 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.)

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Accredited Surety and Casualty Company, Inc.’s Motion to Deposit by Stakeholder and for Discharge of Stakeholder 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 thirty (30) days of receipt of this order.

Trial date remains scheduled for February 3, 2021 at 8:30 a.m. in Department 25.

Moving party is ordered to give notice.

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