This case was last updated from Los Angeles County Superior Courts on 10/11/2021 at 00:54:05 (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

  • 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 Attorneys

VAYSBERG ALLEN PAUL ESQ.

VAYSBERG ALLEN PAUL

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 06/15/2021

6/15/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 06/15/2021

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

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

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

43 More Documents Available

 

Docket Entries

  • 09/28/2021
  • DocketUpdated -- Motion 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); Result: Granted; Result Date: 09/28/2021

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  • 09/28/2021
  • DocketProof of Service (not Summons and Complaint); 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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  • 09/28/2021
  • DocketMinute Order (Hearing on Motion for Order to Discharge Stakeholder Law Offi...)

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  • 09/28/2021
  • DocketHearing on Motion for Order to Discharge Stakeholder Law Offices of Steers & Associates, a Professional Corporation and for Attorney Fees and Costs scheduled for 09/28/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/28/2021; Result Type to Held - Motion Granted

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  • 09/24/2021
  • DocketUpdated -- Motion for Order to Discharge Stakeholder Law Offices of Steers & Associates, a Professional Corporation and for Attorney Fees and Costs: Name Extension changed from TO DISCHARGE STAKEHOLDER LAW OFFICES OF STEERS & ASSOCIATES, A PROFESSIONAL CORPORATION AND FOR ATTORNEY FEES AND COSTS to to Discharge Stakeholder Law Offices of Steers & Associates, a Professional Corporation and for Attorney Fees and Costs; As To Parties: Angela Mancia (Defendant); Pazera Chiropractic, Inc. (Defendant); Prohealth Advanced Imaging Medical Group, Inc. (Defendant) et al.

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  • 09/24/2021
  • DocketUpdated -- Allen Paul Vaysberg, Esq. (Attorney): Name Suffix: Esq.

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  • 09/24/2021
  • DocketAddress for Allen Paul Vaysberg, Esq. (Attorney) updated

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  • 08/16/2021
  • DocketUpdated -- Motion to Set Aside Default and Default Judgment, If Entered, Pursuant to CCP Sections 473(B); 473.5; 1788.61; 473(d); and Quash Services of Summons (CCP 418.10): Filed By: Pazera Chiropractic, Inc. (Defendant); Result: Off Calendar; Result Date: 08/16/2021; As To Parties changed from Law Offices of Steers & Associates, A Professional Corporation (Plaintiff) to Law Offices of Steers & Associates, A Professional Corporation (Plaintiff)

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  • 08/16/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

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  • 08/16/2021
  • DocketCertificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 08/16/2021; Filed by: Clerk

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64 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
  • 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
  • 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
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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

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

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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
  • 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
  • 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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Tentative Rulings

b"

Case Number: 19STLC10689 Hearing Date: September 28, 2021 Dept: 26

Law Offices of Steers\r\n& Assocs. v. Mancia, et al. 19STLC10689

MOTION\r\nTO DISCHARGE STAKEHOLDER

\r\n\r\n

(CCP § 386.5)

\r\n\r\n

\r\n\r\n

\r\n\r\n

TENTATIVE RULING:

\r\n\r\n

\r\n\r\n

Law Offices of Steers &\r\nAssociates’ Motion for Discharge of Stakeholder and Award of Attorney’s Fees\r\nand Costs is GRANTED. ATTORNEY’S FEES OF $4,350.94 ARE AWARDED TO PLAINITFF.

ANALYSIS:

\r\n\r\n

\r\n\r\n

On November 19, 2019, Plaintiff Law Offices\r\nof Steers & Associates (“Plaintiff”) filed the instant action for interpleader against Defendants Angela Mancia,\r\nPazera Chiropractic, Inc. (“Defendant Pazera Chriopractic”), Prohealth Advanced\r\nImaging Medical Group, Inc., Jacob E. Tauber, M.D., Radnet Management, Inc.,\r\nProclaim Physician Services, Inc., Aaron Coppelson, M.D. Inc. and Key Health\r\nMedical Solutions, Inc. On the same date, Plaintiff deposited funds of $4,350.94\r\nwith the Court. Following their failure to file responsive pleadings, default\r\nwas entered against all Defendants.

\r\n\r\n

\r\n\r\n

On June 2, 2021,\r\nthe Court denied Plaintiff’s first Motion for Discharge of Stakeholder and\r\nAward of Attorney’s Fees and Costs without prejudice. (Minute Order, 06/02/21.)\r\nPlaintiff filed the instant Motion for Discharge of Stakeholder and Award of\r\nAttorney’s Fees and Costs on June 1, 2021. No opposition has been filed to\r\ndate.

\r\n\r\n

\r\n\r\n

Discussion

\r\n\r\n

\r\n\r\n

Interpleader is a procedure whereby a person holding money\r\nor personal property to which conflicting claims are being made by others, or\r\nmay be made, can join the adverse claimants and force them to litigate their\r\nclaims among themselves. (Code Civ. Proc., § 386, subd. (b).) Hancock Oil\r\nCo. v. Hopkins (1944) 24 Cal.2d 497, 508 (i.e., an escrow-holder who\r\nreceives conflicting demands from the parties to the escrow regarding the funds\r\nor documents he or she holds); City of Morgan Hill v. Brown (1999) 71\r\nCal.App.4th 1114, 1122.)

\r\n\r\n

\r\n\r\n

Once the stakeholder’s right to interplead is established\r\nand he or she deposits the money or personal property in court, he or she may\r\nbe discharged from liability to any of the claimants. This enables the\r\nstakeholder to avoid multiplicity of actions, and the risk of inconsistent\r\nresults if each of the claimants were to sue him or her separately. (Cantu\r\nv. Resolution Trust Corp. (1992) 4 Cal.App.4th 857, 874; City of Morgan\r\nHill, supra, 71 Cal.App.4th at 1122.)

\r\n\r\n

\r\n\r\n

“An interpleader action is traditionally viewed as two\r\nsuits: one between the stakeholder and the claimants to determine the\r\nstakeholder's right to interplead, and the other among the claimants to\r\ndetermine who shall receive the funds interpleaded ... As against the\r\nstakeholder, claimants may raise only matters which go to whether the suit is\r\nproperly one for interpleader; i.e., whether the elements of an interpleader\r\naction are present.” (State Farm Fire & Cas. Co. v. Pietak (2001) 90\r\nCal.App.4th 600, 612.)

\r\n\r\n

\r\n\r\n

The stakeholder may seek reimbursement for its costs and\r\nreasonable attorneys’ fees incurred.

\r\n\r\n

(UAP-Columbus JV 326132 v. Nesbitt (1991) 234\r\nCal.App.3d 1028, 1036.) The court may order payment thereof out of the funds\r\ndeposited by the stakeholder. (Ibid.) Ultimately, such payment may be\r\ncharged to one or more of the adverse claimants in the final judgment. (Code\r\nCiv. Proc., § 386.6.)

\r\n\r\n

\r\n\r\n

Finally, the Court may issue an “order restraining all\r\nparties to the action from instituting or further prosecuting any other\r\nproceeding in any court in this state affecting the rights and obligations as\r\nbetween the parties to the interpleader until further order of the court.”\r\n(Code Civ. Proc., § 386, subd. (f).)

\r\n\r\n

\r\n\r\n

This action\r\narises from a personal injury settlement paid to Plaintiff’s former client in\r\nthe total amount of $19,673.30. (Motion, Vaysberg Decl., ¶2.) Following\r\ndeductions of $6,995.16 for attorney’s fees and $8,327.20 for costs, the sum of\r\n$4,350.94 remained. (Id. at ¶2.) The remainder of $4,350.94 is the\r\nsubject of disputed claims by the client’s medical providers. (Id. at\r\n¶¶4-5.) Currently, Plaintiff cannot determine the validity of the conflicting\r\ndemands that have been made. (Id. at ¶4.)

\r\n\r\n

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Plaintiff’s request to be discharged from liability on the\r\nComplaint in interpleader is granted. All claimants have been served with the\r\nSummons and Complaint, served with the instant motion, answered, are in\r\ndefault, or were dismissed from the action. (Code Civ. Proc., §§ 386.)

\r\n\r\n

\r\n\r\n

Plaintiff also requests an award of attorney’s fees and\r\ncosts incurred in connection with this action pursuant to Code of Civil\r\nProcedure section 386.6 based on incurred fees of $6,826.24. (Motion, Vaysberg\r\nDecl., ¶6 and Exh. A.) Based on the number of Defendants in this action and the\r\nneed to serve process and enter default against them, the attorney’s fees\r\nsought in this action are reasonable. Plaintiff is awarded attorney’s fees of\r\n$4,350.94.

\r\n\r\n

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Conclusion

\r\n\r\n

\r\n\r\n

Law Offices of Steers &\r\nAssociates’ Motion for Discharge of Stakeholder and Award of Attorney’s Fees\r\nand Costs is GRANTED. ATTORNEY’S FEES OF $4,350.94 ARE AWARDED TO PLAINITFF.

\r\n\r\n

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Moving party to give notice.

"b'

Case Number: 19STLC10689 Hearing Date: August 16, 2021 Dept: 26

Law Offices of Steers\r\n& Assocs. v. Mancia, et al 19STLC10689

MOTION\r\nTO VACATE DEFAULT AND DEFAULT JUDGMENT

\r\n\r\n

(CCP §§ 473(b),\r\n473.5)

\r\n\r\n

\r\n\r\n

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TENTATIVE RULING:

\r\n\r\n

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Defendant Pazera Chiropractic,\r\nInc.’s Motion to Vacate Default and Default Judgment; Quash Service of Summons\r\nand Complaint is PLACED OFF CALENDAR.

\r\n\r\n

\r\n\r\n

Plaintiff Law Offices of Steers & Associates’ Motion for Order to\r\nDischarge Stakeholder and for Attorney Fees and Costs remains scheduled for\r\n09/28/21 at 10:00 am in Department 26 in the Spring Street Courthouse.

ANALYSIS:

On November 19, 2019, Plaintiff Law Offices\r\nof Steers & Associates (“Plaintiff”) filed the instant action for interpleader against Defendants Angela Mancia,\r\nPazera Chiropractic, Inc. (“Defendant Pazera Chriopractic”), Prohealth Advanced\r\nImaging Medical Group, Inc., Jacob E. Tauber, M.D., Radnet Management, Inc.,\r\nProclaim Physician Services, Inc., Aaron Coppelson, M.D. Inc. and Key Health\r\nMedical Solutions, Inc. Following their failure to filed responsive pleadings,\r\ndefault was entered against all Defendants. The default against Pazera\r\nChiropractic was entered on July 31, 2020. Defendant Pazera Chiropractic filed\r\nthe instant Motion to Vacate Default and Default Judgment; and Quash Service of\r\nSummons and Complaint (“the Motion”) on May 18, 2021. No opposition has been\r\nfiled to date.

The Motion\r\ninitially came for hearing on June 15, 2021. At that time, the Court found the\r\nMotion was improperly brought by Defendant Pazera Chiropractic’s Chief\r\nExecutive Officer and Secretary “in pro per.” The Court continued the hearing\r\nto August 16, 2021 and ordered Defendant Pazera Chiropractic to (1) file and\r\nserve a substitution of attorney demonstrating it is represented by proper\r\nlegal counsel; and (2) file a proof of service demonstrating service of the\r\nmotion papers and notice of new hearing date on Plaintiff. (Minute Order,\r\n06/15/21.) The papers were to be filed at least 16 court days prior to the new\r\nhearing date. (Ibid.) To date, no papers have been filed as ordered.

The Court\r\npreviously warned Defendant Pazera Chiropractic that failure to comply with the\r\norder might result in the Motion being placed off calendar or denied. (Ibid.)\r\nTherefore, Defendant Pazera Chiropractic, Inc.’s Motion to Vacate Default and\r\nDefault Judgment; Motion to Quash Service of Summons and Complaint is PLACED\r\nOFF CALENDAR.

\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n

Court clerk to give notice.

'

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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