This case was last updated from Los Angeles County Superior Courts on 08/01/2020 at 02:11:21 (UTC).

AMERICAN CONTRACTORS INDEMNITY COMPANY, A CALIFORNIA CORPORATION VS ALFREDO M. RODRIGUEZ, ET AL.

Case Summary

On 07/05/2019 AMERICAN CONTRACTORS INDEMNITY COMPANY, A CALIFORNIA CORPORATION filed a Contract - Other Contract lawsuit against ALFREDO M RODRIGUEZ. 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:

    *******6308

  • Filing Date:

    07/05/2019

  • 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

AMERICAN CONTRACTORS INDEMNITY COMPANY A CALIFORNIA CORPORATION

Defendants

PAREDES AN INDIVIDUAL CHRISTIAN

PAREDES AN INDIVIDUAL MARIGOLD

RODRIGUEZ ALFREDO M. DBA A V GENERAL CONTRACTOR

KLEINSORGE AN INDIVIDUAL ANNA

Attorney/Law Firm Details

Plaintiff Attorney

KIM AMBER NICOLE

Defendant Attorney

GARCIA GILBERT

 

Court Documents

Opposition (name extension) - Opposition to Motion for Order of Discharge

7/16/2020: Opposition (name extension) - Opposition to Motion for Order of Discharge

Minute Order - Minute Order (Hearing on Motion for Order ACIC's Motion for Order of Discha...)

7/30/2020: Minute Order - Minute Order (Hearing on Motion for Order ACIC's Motion for Order of Discha...)

Motion for Order (name extension) - Motion for Order of Discharge and Award of Costs and Attorneys Fees and Order for Deposit; and For Dismissal of ACIC from Complaint

2/24/2020: Motion for Order (name extension) - Motion for Order of Discharge and Award of Costs and Attorneys Fees and Order for Deposit; and For Dismissal of ACIC from Complaint

Declaration (name extension) - Declaration of Amber Kim in support of Motion for Order of Discharge

2/24/2020: Declaration (name extension) - Declaration of Amber Kim in support of Motion for Order of Discharge

Declaration (name extension) - Declaration of Ivette Nunez in support of Motion for Order of Discharge

2/24/2020: Declaration (name extension) - Declaration of Ivette Nunez in support of Motion for Order of Discharge

Request for Dismissal - Request for Dismissal

11/6/2019: Request for Dismissal - Request for Dismissal

Answer - Answer

10/9/2019: Answer - Answer

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

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

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

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

Proof of Service by Mail - Proof of Service by Mail

8/8/2019: Proof of Service by Mail - Proof of Service by Mail

Answer - Answer

8/8/2019: Answer - Answer

Summons - Summons on Complaint

7/5/2019: Summons - Summons on Complaint

Complaint - Complaint

7/5/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

7/5/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

7/5/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

7/5/2019: First Amended Standing Order - First Amended Standing Order

4 More Documents Available

 

Docket Entries

  • 07/08/2022
  • Hearing07/08/2022 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

    Read MoreRead Less
  • 01/04/2021
  • Hearing01/04/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

    Read MoreRead Less
  • 07/30/2020
  • DocketMinute Order (Hearing on Motion for Order ACIC's Motion for Order of Discha...)

    Read MoreRead Less
  • 07/30/2020
  • DocketHearing on Motion for Order ACIC's Motion for Order of Discharge and Award of Costs and Attorneys Fees and Order for Deposit; and for Dismissal of American Contractors Indemnity Company's from Complaint scheduled for 07/30/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 07/30/2020; Result Type to Held - Motion Granted

    Read MoreRead Less
  • 07/16/2020
  • DocketOpposition to Motion for Order of Discharge; Filed by: Christian Paredes, an individual (Defendant); Marigold Paredes, an individual (Defendant)

    Read MoreRead Less
  • 02/24/2020
  • DocketMotion for Order of Discharge and Award of Costs and Attorneys Fees and Order for Deposit; and For Dismissal of ACIC from Complaint; Filed by: American Contractors Indemnity Company, a California corporation (Plaintiff)

    Read MoreRead Less
  • 02/24/2020
  • DocketDeclaration of Ivette Nunez in support of Motion for Order of Discharge; Filed by: American Contractors Indemnity Company, a California corporation (Plaintiff)

    Read MoreRead Less
  • 02/24/2020
  • DocketDeclaration of Amber Kim in support of Motion for Order of Discharge; Filed by: American Contractors Indemnity Company, a California corporation (Plaintiff)

    Read MoreRead Less
  • 02/24/2020
  • DocketHearing on Motion for Order ACIC's Motion for Order of Discharge and Award of Costs and Attorneys Fees and Order for Deposit; and for Dismissal of American Contractors Indemnity Company's from Complaint scheduled for 07/30/2020 at 10:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 11/06/2019
  • DocketOn the Complaint filed by American Contractors Indemnity Company, a California corporation on 07/05/2019, entered Request for Dismissal without prejudice filed by American Contractors Indemnity Company, a California corporation as to Alfredo M. Rodriguez

    Read MoreRead Less
4 More Docket Entries
  • 08/08/2019
  • DocketAnswer; Filed by: Anna Kleinsorge, an individual (Defendant)

    Read MoreRead Less
  • 08/08/2019
  • DocketProof of Service by Mail; Filed by: American Contractors Indemnity Company, a California corporation (Plaintiff); As to: Anna Kleinsorge, an individual (Defendant)

    Read MoreRead Less
  • 07/08/2019
  • DocketNon-Jury Trial scheduled for 01/04/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 07/08/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/08/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 07/08/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 07/05/2019
  • DocketComplaint; Filed by: American Contractors Indemnity Company, a California corporation (Plaintiff); As to: Alfredo M. Rodriguez (Defendant); Anna Kleinsorge, an individual (Defendant); Christian Paredes, an individual (Defendant) et al.

    Read MoreRead Less
  • 07/05/2019
  • DocketCivil Case Cover Sheet; Filed by: American Contractors Indemnity Company, a California corporation (Plaintiff); As to: Alfredo M. Rodriguez (Defendant); Anna Kleinsorge, an individual (Defendant); Christian Paredes, an individual (Defendant) et al.

    Read MoreRead Less
  • 07/05/2019
  • DocketSummons on Complaint; Issued and Filed by: American Contractors Indemnity Company, a California corporation (Plaintiff); As to: Alfredo M. Rodriguez (Defendant); Anna Kleinsorge, an individual (Defendant); Christian Paredes, an individual (Defendant) et al.

    Read MoreRead Less
  • 07/05/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 07/05/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less

Tentative Rulings

Case Number: 19STLC06308    Hearing Date: July 30, 2020    Dept: 25

HEARING DATE: Thu., July 30, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: American Contractors Indemnity Co. v. Rodriguez, et al.

CASE NUMBER: 19STLC06308 COMP. FILED: 07-05-19

NOTICE: OK DISC. C/O: 12-05-20

MOTION C/O: 12-20-20

TRIAL DATE: 01-04-21

PROCEEDINGS: MOTION FOR ORDER OF DISCHARGE, AWARD OF COSTS AND ATTORNEY’S FEES, FOR ORDER FOR DEPOSIT, AND FOR DISMISSAL OF PLAINTIFF

MOVING PARTY: Plaintiff American Contractors Indemnity Company

RESP. PARTY: Defendants Christian Paredes and Marigold Paredes

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

(CCP §§ 386, 386.5)

TENTATIVE RULING:

Plaintiff American Contractors Indemnity Company’s Motion is GRANTED. Plaintiff is entitled to $3,487.49 in reasonable attorney’s fees and costs. Interpleader funds of $11,512.51 are to be deposited with the Court within thirty (30) days of this order. Trial remains scheduled for January 4, 2021 in Department 25 at the Spring Street Courthouse.

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: Filed on July 16, 2020 [ ] Late [ ] None

REPLY: None filed as of July 28, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On July 5, 2019, Plaintiff American Contractors Indemnity Company (“Plaintiff”) filed a complaint for interpleader and injunctive relief against Defendants Alfredo M. Rodriguez (“Rodriguez”) individually and dba A V General Contractor (“AV”), Anna Kleinsorge (“Kleinsorge”), Christian Paredes (“Christian”), and Marigold Paredes (“Marigold”). On August 8, 2019, Defendant Kleinsorge filed an Answer, in pro per, and on October 9, 2019, Defendants Christian and Marigold filed their Answer. Defendants Rodriguez and AV were dismissed from the action on November 7, 2019. (11/6/19 Request for Dismissal.)

On February 24, 2020, Plaintiff filed the instant Motion for Order of Discharge, Award of Costs and Attorney’s Fees, Order for Deposit, and for Dismissal (the “Motion”). On July 16, 2020, Defendants Christian and Marigold filed an Opposition. To date, no reply 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.)

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).)

  1. Discussion

Plaintiff’s request to be discharged from liability is GRANTED. As all claimants have been served with the Summons and Complaint, and have filed an answer or were dismissed from the action, relief is proper. The subject matter of this action is a Contractor’s State License Bond, No. 100317231, issued to AV in the amount of $15,000.00 (the “Bond”). (Mot., Nuñez Decl., ¶ 5.) Plaintiff states that it cannot determine the validity of the conflicting demands that have been made against the Bond. (Mot., p. 1:9-13, Nuñez Decl., ¶ 12.) Upon deposit of the funds with the Court, Plaintiff is discharged from further liability. (Code Civ. Proc., § 386.5.) 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).)

In addition, Plaintiff requests $4,000.00 in attorney’s fees and costs. (Mot., Kim Decl., ¶¶ 4-5, Exh. A.) Plaintiff has expended substantial attorney’s fees and costs bringing this action and protecting itself from liability. Specifically, Plaintiff’s counsel filed the instant action against five Defendants, served Defendants, requested a dismissal, will appear at the hearing, and will deposit the Bond funds. (Id.) Plaintiff’s counsel states that, to date, Plaintiff has incurred $3,374.99 in fees and costs. (Id.) However, counsel’s ledger demonstrates that only $3,302.99 in attorney’s fees and costs have been incurred. (Id.) Plaintiff also seeks an additional $960.00 based on 4 hours of attorney time billed at $240.00 per hour to prepare a reply to any opposition to this Motion and for appearing and arguing at the hearing. (Id. at ¶ 5.)

Defendants Christian and Marigold oppose Plaintiff’s request for attorney’s fees and costs. They argue the request should be denied in its entirety or, in the alternative, granted for no more than $2,843.99. (Oppo., pp. 2:16-27; 4:23-25.) In Opposition, Defendants list several items on the ledger they argue should either be reduced or eliminated. (Oppo., p. 3:11- 4:17.) The Court is persuaded that the August 20, 2019 entry for $55.50 based on .3 hours billed at $185.00 for research on the Ryan Leaf matter should be stricken as it appears unrelated to the instant case. (See Mot., Kim Decl., ¶ 4, Exh. A.) Also, Plaintiff’s request for an additional 4 hours of attorney time to prepare a reply and to appear at the hearing for this Motion is reduced to one hour as no reply brief was filed, and parties are now encouraged to appear via CourtCall. (See Id.) However, the Court finds the remaining entries reasonable. Thus, Plaintiff is awarded reasonable fees and costs of $3,487.49. Plaintiff is to deposit funds of $11,512.51 within thirty (30) days of this order.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff American Contractors Indemnity Company’s Motion is GRANTED. Plaintiff is entitled to $3,487.49 in reasonable attorney’s fees and costs. Interpleader funds of $11,512.51 are to be deposited with the Court within thirty (30) days of this order. Trial remains scheduled for January 4, 2021 in Department 25 at the Spring Street Courthouse.

Moving party is ordered to give notice.