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This case was last updated from Los Angeles County Superior Courts on 06/04/2021 at 05:48:26 (UTC).

CAPITAL TRUST ESCROW, A CALIFORNIA CORPORATION VS CADENCE ACQUISITION LLC, A COLORADO LIMITED LIABILITY COMPANY, ET AL.

Case Summary

On 10/29/2019 CAPITAL TRUST ESCROW, A CALIFORNIA CORPORATION filed an Other lawsuit against CADENCE ACQUISITION LLC, A COLORADO LIMITED LIABILITY COMPANY. 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:

    *******0024

  • Filing Date:

    10/29/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

CAPITAL TRUST ESCROW A CALIFORNIA CORPORATION

Defendants

ALL YEAR FOOD SERVICES INC. A CALIFORNIA CORPORATION

CONROY COMMERCIAL INC. A CALIFORNIA CORPORATION

CADENCE ACQUISITION LLC A COLORADO LIMITED LIABILITY COMPANY

Attorney/Law Firm Details

Plaintiff Attorney

BLOOM DAVID BRUCE

Defendant Attorneys

GONZALES MICHAEL

MALEK JONATHAN A

 

Court Documents

Notice (name extension) - Notice OF CONTINUANCE OF HEARING ON DISCHARGE MOTION

5/6/2021: Notice (name extension) - Notice OF CONTINUANCE OF HEARING ON DISCHARGE MOTION

Answer - Answer

7/9/2020: Answer - Answer

Answer - Answer

9/1/2020: Answer - Answer

Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION FOR ORDERS FOR DISCHARGE AND DISMISSAL OF PLAINTIFF, AND FOR PAYMENT OF FEES AND COSTS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLA

10/27/2020: Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION FOR ORDERS FOR DISCHARGE AND DISMISSAL OF PLAINTIFF, AND FOR PAYMENT OF FEES AND COSTS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLA

Ex Parte Application (name extension) - Ex Parte Application EX PARTE APPLICATION FOR ORDER ADVANCING HEARING DATE OF MOTION FOR ORDERS FOR DISCHARGE AND DISMISSAL OF PLAINTIFF, AND FOR PAYMENT OF FEE

2/4/2021: Ex Parte Application (name extension) - Ex Parte Application EX PARTE APPLICATION FOR ORDER ADVANCING HEARING DATE OF MOTION FOR ORDERS FOR DISCHARGE AND DISMISSAL OF PLAINTIFF, AND FOR PAYMENT OF FEE

Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application

2/4/2021: Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application

Minute Order - Minute Order (Hearing on Ex Parte Application EX PARTE APPLICATION FOR ORDE...)

2/8/2021: Minute Order - Minute Order (Hearing on Ex Parte Application EX PARTE APPLICATION FOR ORDE...)

Notice of Ruling - Notice of Ruling

2/9/2021: Notice of Ruling - Notice of Ruling

Stipulation and Order (name extension) - Stipulation and Order STIPULATION TO CONTINUE TRIAL DEADLINES; [PROPOSED] ORDER

3/26/2021: Stipulation and Order (name extension) - Stipulation and Order STIPULATION TO CONTINUE TRIAL DEADLINES; [PROPOSED] ORDER

Minute Order - Minute Order (Court Order)

4/16/2021: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 04/16/2021

4/16/2021: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 04/16/2021

Answer - Answer

12/9/2019: Answer - Answer

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

11/27/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Summons - Summons on Complaint

10/29/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

10/29/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

10/29/2019: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

10/29/2019: First Amended Standing Order - First Amended Standing Order

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

10/29/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

9 More Documents Available

 

Docket Entries

  • 11/01/2022
  • Hearing11/01/2022 at 08:30 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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  • 08/16/2021
  • Hearing08/16/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 05/11/2021
  • DocketMinute Order (Hearing on Motion for Order Motion for Discharge)

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  • 05/11/2021
  • DocketHearing on Motion for Order Motion for Discharge scheduled for 05/11/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 05/11/2021; Result Type to Held - Motion Granted

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  • 05/06/2021
  • DocketNotice OF CONTINUANCE OF HEARING ON DISCHARGE MOTION; Filed by: Capital Trust Escrow, a California corporation (Plaintiff); As to: Cadence Acquisition LLC, a Colorado limited liability company (Defendant); All Year Food Services, Inc., a California corporation (Defendant); Conroy Commercial, Inc., a California corporation (Defendant)

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  • 04/16/2021
  • DocketHearing on Motion for Order Motion for Discharge scheduled for 05/11/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 04/16/2021
  • DocketMinute Order (Court Order)

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  • 04/16/2021
  • DocketCertificate of Mailing for (Court Order) of 04/16/2021; Filed by: Clerk

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  • 04/16/2021
  • DocketThere being no judge available this date, Hearing on Motion for Order Motion for Discharge scheduled for 04/22/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 05/11/2021 10:00 AM

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  • 04/01/2021
  • DocketUpdated -- Stipulation and Order STIPULATION TO CONTINUE TRIAL DEADLINES; [PROPOSED] ORDER: Filed By: Cadence Acquisition LLC, a Colorado limited liability company (Defendant); Result: Granted; Result Date: 04/01/2021

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15 More Docket Entries
  • 12/09/2019
  • DocketAnswer; Filed by: Conroy Commercial, Inc., a California corporation (Defendant); As to: Capital Trust Escrow, a California corporation (Plaintiff)

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  • 11/27/2019
  • DocketProof of Service by Substituted Service; Filed by: Capital Trust Escrow, a California corporation (Plaintiff); As to: Conroy Commercial, Inc., a California corporation (Defendant); Proof of Mailing Date: 11/12/2019; Service Cost: 58.77; Service Cost Waived: No

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  • 10/30/2019
  • DocketNon-Jury Trial scheduled for 04/27/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/30/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/01/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/30/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 10/29/2019
  • DocketComplaint; Filed by: Capital Trust Escrow, a California corporation (Plaintiff); As to: Cadence Acquisition LLC, a Colorado limited liability company (Defendant); All Year Food Services, Inc., a California corporation (Defendant); Conroy Commercial, Inc., a California corporation (Defendant)

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  • 10/29/2019
  • DocketSummons on Complaint; Issued and Filed by: Capital Trust Escrow, a California corporation (Plaintiff); As to: Cadence Acquisition LLC, a Colorado limited liability company (Defendant); All Year Food Services, Inc., a California corporation (Defendant); Conroy Commercial, Inc., a California corporation (Defendant)

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  • 10/29/2019
  • DocketCivil Case Cover Sheet; Filed by: Capital Trust Escrow, a California corporation (Plaintiff); As to: Cadence Acquisition LLC, a Colorado limited liability company (Defendant); All Year Food Services, Inc., a California corporation (Defendant); Conroy Commercial, Inc., a California corporation (Defendant)

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  • 10/29/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/29/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC10024    Hearing Date: May 11, 2021    Dept: 25

PROCEEDINGS: MOTION FOR ORDERS FOR DISCHARGE AND DISMISSAL OF PLAINTIFF AND FOR PAYMENT OF FEES AND COSTS

MOVING PARTY: Plaintiff Capital Trust Escrow

RESP. PARTY: None

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

(CCP §§ 386, 386.5)

TENTATIVE RULING:

Plaintiff Capital Trust Escrow’s unopposed Motion for Order for Discharge and Dismissal of Plaintiff is GRANTED. Plaintiff’s request for attorney’s fees of $6,929.00 and costs of $634.86 is also GRANTED.

Trial remains scheduled for August 16, 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 May 7, 2021 [ ] Late [X] None

REPLY: None filed as of May 7, 2021 [ ] Late [X] None

ANALYSIS:

I. Background

On October 29, 2019, Plaintiff Capital Trust Escrow (“Plaintiff”) filed a Complaint in interpleader against Defendants Cadence Acquisition, LLC (“Cadence”), All Year Food Services, Inc. (“All Year”), and Conroy Commercial, Inc. (“Conroy”) (collectively, “Defendants”). Answers were filed by Defendant Conroy on December 9, 2019, by Defendant Cadence on July 9, 2020, and by Defendant All Year on October 27, 2020.

Plaintiff filed instant Motion for Orders for Discharge and Dismissal of Plaintiff, and for Payment of Fees and Costs (the “Motion”). No opposition was filed.

II. 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.)

III. Discussion

The subject matter of this action is funds of $25,000.00 that were deposited into an escrow account, Account No. 005110-GG with Plaintiff for the sale and transfer of Defendant All Year’s restaurant business and liquor license to Defendant Cadence. (Mot., p. 3:3-8, Gabayan Decl., ¶¶ 4-5.) The sale was never finalized. (Id. at ¶ 6.) The escrow has been inactive for about two years and mutual cancellation instructions have not been received by Plaintiff. (Id.) Conflicting demands by Defendant All Year and Defendant Cadence have been made upon the escrow funds. (Id. at ¶ 7.) Plaintiff states it is disinterested as to whom receives the escrow funds and is a mere stakeholder with no legal relationship with any Defendant. (Id. at ¶ 8.) Plaintiff deposited the $25,000.00 escrow funds with the Court on November 12, 2019.

Plaintiff’s request to be discharged from liability is GRANTED. All claimants have been served with the Summons and Complaint and have filed an Answer. The Court also 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 also seeks attorney’s fees of $6,929.00 and costs of $1,134.86. (Mot., Adler Decl., ¶¶ 11-14, Exh. E.) The fees requested are based on 12.4 hours of attorney time billed at $410.00 per hour for time spent drafting the Complaint, depositing the escrow funds, and communicating with Plaintiff and potential claimants. (Id.) It also includes 3.5 hours of attorney time spent drafting this Motion and 1 hour to appear at the hearing on this Motion. (Id.) Costs include filing fees, service fees, and a $500.00 escrow cancellation fee as provided in the escrow agreement. (Id.) However, because the escrow cancellation fee is not a cost incurred in filing and maintaining this action, the Court declines to award it here. Having reviewed the remaining entries in the attached ledger, the Court finds the attorney’s fees and costs sought to be reasonable.

IV. Conclusion & Order

For the foregoing reasons, Plaintiff Capital Trust Escrow’s unopposed Motion for Order for Discharge and Dismissal of Plaintiff is GRANTED. Plaintiff’s request for attorney’s fees of $6,929.00 and costs of $634.86 is also GRANTED.

Trial remains scheduled for August 16, 2021 at 8:30 a.m. in Department 25.

Moving party is ordered to give notice.

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