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This case was last updated from Los Angeles County Superior Courts on 06/07/2021 at 01:42:00 (UTC).

LAW OFFICES OF STEERS & ASSOCIATES, A PROFESSIONAL CORPORATION VS ANGELA MANCIA, ET AL.

Case Summary

On 11/19/2019 LAW OFFICES OF STEERS ASSOCIATES, A PROFESSIONAL CORPORATION filed an Other lawsuit against ANGELA MANCIA. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0689

  • Filing Date:

    11/19/2019

  • 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

SERENA R. MURILLO

 

Party Details

Plaintiff

LAW OFFICES OF STEERS & ASSOCIATES A PROFESSIONAL CORPORATION

Defendants

AARON COPPELSON M.D. INC.

KEY HEALTH MEDICAL SOLUTIONS INC.

JACOB E. TAUBER M.D. A PROFESSIONAL CORPORATION

PROHEALTH ADVANCED IMAGING MEDICAL GROUP INC.

PAZERA CHIROPRACTIC INC.

RADNET MANAGEMENT INC.

MANCIA ANGELA

PROCLAIM PHYSICIAN SERVICES INC.

Attorney/Law Firm Details

Plaintiff Attorney

VAYSBERG ALLEN PAUL

 

Court Documents

Motion for Order (name extension) - Motion for Order TO DISCHARGE STAKEHOLDER LAW OFFICES OF STEERS & ASSOCIATES, A PROFESSIONAL CORPORATION AND FOR ATTORNEY FEES AND COSTS

6/1/2021: Motion for Order (name extension) - Motion for Order TO DISCHARGE STAKEHOLDER LAW OFFICES OF STEERS & ASSOCIATES, A PROFESSIONAL CORPORATION AND FOR ATTORNEY FEES AND COSTS

Minute Order - Minute Order (Hearing on Motion for Order to Discharge Stakeholder Law Offi...)

6/2/2021: Minute Order - Minute Order (Hearing on Motion for Order to Discharge Stakeholder Law Offi...)

Motion for Order (name extension) - Motion for Order TO DISCHARGE STAKEHOLDER LAW OFFICES OF STEERS & ASSOCIATES, A PROFESSIONAL CORPORATION AND FOR ATTORNEY FEES AND COSTS

5/5/2021: Motion for Order (name extension) - Motion for Order TO DISCHARGE STAKEHOLDER LAW OFFICES OF STEERS & ASSOCIATES, A PROFESSIONAL CORPORATION AND FOR ATTORNEY FEES AND COSTS

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

7/31/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

7/31/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

7/31/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

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

7/31/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

7/31/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

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

7/31/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt

8/3/2020: Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt

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

8/3/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

8/3/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

8/3/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

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

8/14/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

5/4/2020: Proof of Personal Service - Proof of Personal Service

Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt

2/4/2020: Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt

Notice (name extension) - Notice of Deposit of Interplead Funds with Clerk of Court

11/22/2019: Notice (name extension) - Notice of Deposit of Interplead Funds with Clerk of Court

Civil Case Cover Sheet - Civil Case Cover Sheet

11/19/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

37 More Documents Available

 

Docket Entries

  • 11/22/2022
  • Hearing11/22/2022 at 08:30 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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  • 09/28/2021
  • Hearing09/28/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion - Other (name extension)

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  • 06/15/2021
  • Hearing06/15/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5)

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  • 06/02/2021
  • DocketHearing on Motion - Other MOTION FOR ORDER TO DISCHARGE STAKEHOLDER LAW OFFICES OF STEERS & ASSOCIATES, A PROFESSIONAL CORPORATION AND FOR ATTORNEY FEES AND COSTS scheduled for 09/28/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 06/02/2021
  • DocketMinute Order (Hearing on Motion for Order to Discharge Stakeholder Law Offi...)

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  • 06/02/2021
  • DocketCertificate of Mailing for (Hearing on Motion for Order to Discharge Stakeholder Law Offi...) of 06/02/2021; Filed by: Clerk

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  • 06/02/2021
  • DocketHearing on Motion for Order to Discharge Stakeholder Law Offices of Steers & Associates, A Professional Corporation and for Attorney Fees and Costs scheduled for 06/02/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 06/02/2021; Result Type to Held

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  • 06/01/2021
  • DocketMotion for Order TO DISCHARGE STAKEHOLDER LAW OFFICES OF STEERS & ASSOCIATES, A PROFESSIONAL CORPORATION AND FOR ATTORNEY FEES AND COSTS; Filed by: Law Offices of Steers & Associates, A Professional Corporation (Plaintiff)

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  • 05/19/2021
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 06/15/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 05/18/2021
  • DocketMotion to Set Aside/Vacate Default and / or Default Judgment; Filed by: Pazera Chiropractic, Inc. (Defendant); As to: Law Offices of Steers & Associates, A Professional Corporation (Plaintiff)

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48 More Docket Entries
  • 02/04/2020
  • DocketNotice and Acknowledgment of Receipt; Filed by: Law Offices of Steers & Associates, A Professional Corporation (Plaintiff); As to: Prohealth Advanced Imaging Medical Group, Inc. (Defendant)

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  • 11/22/2019
  • DocketNotice of Deposit of Interplead Funds with Clerk of Court; Filed by: Law Offices of Steers & Associates, A Professional Corporation (Plaintiff)

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  • 11/20/2019
  • DocketNon-Jury Trial scheduled for 05/18/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/20/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/22/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/20/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 11/19/2019
  • DocketComplaint; Filed by: Law Offices of Steers & Associates, A Professional Corporation (Plaintiff); As to: Angela Mancia (Defendant); Pazera Chiropractic, Inc. (Defendant); Prohealth Advanced Imaging Medical Group, Inc. (Defendant) et al.

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  • 11/19/2019
  • DocketSummons on Complaint; Issued and Filed by: Law Offices of Steers & Associates, A Professional Corporation (Plaintiff); As to: Angela Mancia (Defendant); Pazera Chiropractic, Inc. (Defendant); Prohealth Advanced Imaging Medical Group, Inc. (Defendant) et al.

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  • 11/19/2019
  • DocketCivil Case Cover Sheet; Filed by: Law Offices of Steers & Associates, A Professional Corporation (Plaintiff); As to: Angela Mancia (Defendant); Pazera Chiropractic, Inc. (Defendant); Prohealth Advanced Imaging Medical Group, Inc. (Defendant) et al.

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  • 11/19/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/19/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC10689    Hearing Date: June 2, 2021    Dept: 26

Law Offices of Steers & Assocs. v. Mancia, et al

MOTION TO DISCHARGE STAKEHOLDER

(CCP § 386.5)

TENTATIVE RULING:

Law Offices of Steers & Associates’ Motion for Discharge of Stakeholder and Award of Attorney’s Fees and Costs is DENIED.

ANALYSIS:

On November 19, 2019, Plaintiff Law Offices of Steers & Associates (“Plaintiff”) filed the instant action for interpleader against Defendants Angela Mancia, Pazera Chiropractic, Inc., Prohealth Advanced Imaging Medical Group, Inc., Jacob E. Tauber, M.D., Radnet Management, Inc., Proclaim Physician Services, Inc., Aaron Coppelson, M.D. Inc. and Key Health Medical Solutions, Inc. All Defendants have defaulted; Defendant Pazera Chiropractic has a pending Motion to Vacate Default and Default Judgment; and Quash Service of Summons and Complaint set for hearing on June 15, 2021.

Plaintiff filed the instant Motion for Discharge of Stakeholder and Award of Attorney’s Fees and Costs on May 5, 2021. No opposition has been filed to date.

Discussion

Plaintiff moves to be discharged from liability of the interpleader funds pursuant to Code of Civil Procedure section 386.5. (Notice of Motion, p. 1:23-27.) Under this statute, only a defendant may move to be discharged from liability.

Where the only relief sought against one of the defendants is the payment of a stated amount of money alleged to be wrongfully withheld, such defendant may, upon affidavit that he 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, upon notice to such parties, apply to the court for an order discharging him from liability and dismissing him from the action on his depositing with the clerk of the court the amount in dispute and the court may, in its discretion, make such order.

(Code Civ. Proc., § 386.5.) Therefore, Plaintiff is not the proper party and is not entitled to the requested under section 386.5. The Motion also refers to the propriety of an interpleader action under Code of Civil Procedure section 386, subdivision (b), which likewise only refers to interpleader by a defendant and makes no mention of being discharged from liability. (Code Civ. Proc., § 386, subd. (b) [“When the person, firm, corporation, association or other entity against whom such claims are made, or may be made, is a defendant in an action brought upon one or more of such claims, it may either file a verified cross-complaint in interpleader . . . .”].)

To the extent Plaintiff moves for attorney’s fees and costs under Code of Civil Procedure section 386.6, such an award is only available to a party “who follows the procedure set forth in Section 386 or 386.5 . . . .” (Code Civ. Proc., § 386.6, subd. (a).) Until Plaintiff demonstrates a proper basis for its discharge under the interpleader statutes, the request for attorney’s fees and costs is also denied.

Conclusion

Law Offices of Steers & Associates’ Motion for Discharge of Stakeholder and Award of Attorney’s Fees and Costs is DENIED.

Court clerk to give notice.

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