This case was last updated from Los Angeles County Superior Courts on 10/22/2020 at 02:50:41 (UTC).

OLD REPUBLIC SURETY COMPANY, A CORPORATION VS AVA, INC., ET AL.

Case Summary

On 03/11/2019 OLD REPUBLIC SURETY COMPANY, A CORPORATION filed a Contract - Other Contract lawsuit against AVA, INC . This case was filed in Los Angeles County Superior Courts, Chatsworth Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2486

  • Filing Date:

    03/11/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Chatsworth Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

OLD REPUBLIC SURETY COMPANY A CORPORATION

Defendants

BENJAMIN CINDY

AVA INC. DBA RELIABLE ROOFING A CORPORATION

2015 RIVADENEIRA LIVING TRUST AN ENTITY OF UNKNOWN ORIGIN

DUCKETT DONALD

RUBIN DORENE

ST. ONGE YVETTE

KEEN SAMONA

RUBIN ALAN

HERMANN CLARISSE

RIVADENEIRA GALO

SHLAIN ALLA

DRUM DOROTHY

CHEN HUIMIN

GALLEGOS AN INDIVIDUAL PATRICIA

GALLEGOS AN INDIVIDUAL JESUS

Attorney/Law Firm Details

Plaintiff Attorney

PAGAN JOHN

Defendant Attorneys

CISNEROS MICHAEL ANTHONY

LEMONTREE DARREN BURKE

COTE DANIEL ROBERT

 

Court Documents

Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

4/13/2020: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

2/18/2020: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

Stipulation and Order (name extension) - Stipulation and Order Regarding Resolution of Claim of Huimin Chen

2/28/2020: Stipulation and Order (name extension) - Stipulation and Order Regarding Resolution of Claim of Huimin Chen

Order (name extension) - Order -

3/3/2020: Order (name extension) - Order -

Certificate of Mailing for - Certificate of Mailing for (Hearing - Other Re: Disbursement of Funds) of 03/04/2020

3/4/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing - Other Re: Disbursement of Funds) of 03/04/2020

Minute Order - Minute Order (Hearing - Other Re: Disbursement of Funds)

3/4/2020: Minute Order - Minute Order (Hearing - Other Re: Disbursement of Funds)

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

11/25/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

9/18/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Stipulation and Order (name extension) - Stipulation and Order to Set Aside Default and Order

6/25/2019: Stipulation and Order (name extension) - Stipulation and Order to Set Aside Default and Order

Proof of Personal Service - Proof of Personal Service

6/11/2019: Proof of Personal Service - Proof of Personal Service

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court) DENIED

4/18/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court) DENIED

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

5/3/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

5/3/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

5/3/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

4/18/2019: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

4/4/2019: Proof of Personal Service - Proof of Personal Service

First Amended Standing Order - First Amended Standing Order

3/11/2019: First Amended Standing Order - First Amended Standing Order

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

3/11/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

68 More Documents Available

 

Docket Entries

  • 10/20/2020
  • DocketOn the Complaint filed by Old Republic Surety Company, a corporation on 03/11/2019, entered Order for Dismissal without prejudice as to the entire action

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  • 10/20/2020
  • DocketMinute Order (ORDER TO SHOW CAUSE RE DISMISSAL)

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  • 10/20/2020
  • DocketOrder to Show Cause Re: Dismissal scheduled for 10/20/2020 at 08:30 AM in Chatsworth Courthouse at Department F47 updated: Result Date to 10/20/2020; Result Type to Held

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  • 07/29/2020
  • DocketNotice of Order to Show Cause re Dismissal; Filed by: Old Republic Surety Company, a corporation (Plaintiff)

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  • 07/28/2020
  • DocketOrder to Show Cause Re: Dismissal scheduled for 10/20/2020 at 08:30 AM in Chatsworth Courthouse at Department F47

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  • 07/28/2020
  • DocketMinute Order (CASE MANAGEMENT CONFERENCE)

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  • 07/28/2020
  • DocketCase Management Conference scheduled for 07/28/2020 at 08:30 AM in Chatsworth Courthouse at Department F47 updated: Result Date to 07/28/2020; Result Type to Held

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  • 07/16/2020
  • DocketOn the Complaint filed by Old Republic Surety Company, a corporation on 03/11/2019, entered Request for Dismissal without prejudice filed by Old Republic Surety Company, a corporation as to Cindy Benjamin

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  • 07/14/2020
  • DocketNotice of Rejection - Pleadings; Filed by: Clerk

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  • 07/01/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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112 More Docket Entries
  • 04/04/2019
  • DocketProof of Mailing (Substituted Service); Filed by: Old Republic Surety Company, a corporation (Plaintiff); As to: Ava, Inc. (Defendant); Mailing Date: 03/19/2019; Service Cost: 65.00; Cost Waived: No

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  • 04/04/2019
  • DocketProof of Personal Service; Filed by: Old Republic Surety Company, a corporation (Plaintiff); As to: Samona Keen (Defendant); Service Date: 03/25/2019; Service Cost: 65.00; Service Cost Waived: No

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  • 03/12/2019
  • DocketNon-Jury Trial scheduled for 09/08/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/12/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/14/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/12/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 03/11/2019
  • DocketComplaint; Filed by: Old Republic Surety Company, a corporation (Plaintiff); As to: Ava, Inc. (Defendant); Donald Duckett (Defendant); Dorothy Drum (Defendant) et al.

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  • 03/11/2019
  • DocketSummons on Complaint; Issued and Filed by: Old Republic Surety Company, a corporation (Plaintiff); As to: Ava, Inc. (Defendant); Donald Duckett (Defendant); Dorothy Drum (Defendant) et al.

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  • 03/11/2019
  • DocketCivil Case Cover Sheet; Filed by: Old Republic Surety Company, a corporation (Plaintiff); As to: Ava, Inc. (Defendant); Donald Duckett (Defendant); Dorothy Drum (Defendant) et al.

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  • 03/11/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/11/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC02486    Hearing Date: March 04, 2020    Dept: 26

Old Republic Surety Company v. Ava, Inc., et al.

HEARING ON DISBURSEMENT OF FUNDS

(CCP § 386)

TENTATIVE RULING:

Hearing on disbursement of funds is PLACED OFF CALENDAR. ORDER TO SHOW CAUSE REGARDING ESCHEATING OF FUNDS TO THE STATE IS SET FOR SEPTEMBER 23, 2021 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On March 11, 2019, Old Republic Surety Company (Plaintiff) filed this action against Ava, Inc., dba Reliable Roofing (Defendant); eleven interpleader claimants: Donald Duckett, Dorothy Drum, Yvette St. Onge, 2015 Rivadeneira Living Trust, Galo Rivadeneira, Clarisse Hermann, Alan Rubin, Dorene Rubin, Alla Shlain, Samona Keen, and Cindy Benjamin; and Does 1 through 75. On May 13, 2019, Plaintiff filed an amendment substituting Huimin Chen as Doe defendant 21.

The majority of Defendants have been dismissed or are in default. The remaining claimant Defendants are Cindy Benjamin (answered on June 25, 2019), Yvette St. Onge (answered on June 11, 2019), and Huimin Chen (answered on June 20, 2019.)

On September 4, 2019, the Court granted Plaintiff’s Motion to Deposit Interpleader Funds and for Discharge of Liability. In accordance with that Order, Plaintiff deposited interpleader funds of $13,000.00 and gave notice of the ruling. Accordingly, Plaintiff has been discharged from liability and is no longer a party to this action. The Court set a hearing on disbursement of funds for December 11, 2019.

Of the remaining claimant Defendants, Defendant Huimin Chen filed a claim on October 4, 2019 and Defendant Yvette St. Onge filed a claim on November 5, 2019. The December 11, 2019 disbursement hearing was continued following the Court’s unavailability on that date.

On February 19, 2020, Defendant Ava, Inc. filed a stipulation regarding resolution and notice of withdrawal of defendant Yvette St. Onge’s claim. On February 25, 2020, Defendant Ava, Inc. filed a stipulation regarding resolution and notice of withdrawal of defendant Huimin Chen’s claim.

However, the Court cannot grant the other requests made pursuant to the parties’ stipulations. No authority is cited for Defendant Huimin Chen’s right to dismiss herself from the instant action, such as pursuant to Code of Civil Procedure section 581, which provides under what circumstances an action may be dismissed. Nor does the withdrawal of Defendant Yvette St. Onge’s claim indicate why the Court would reserve jurisdiction to enforce her settlement agreement with Defendant Ava, Inc. when she has not (and cannot) be dismissed from the action.

In light of the withdrawal of the only claims made on the interpleader funds, the hearing on disbursement of funds is PLACED OFF CALENDAR. ORDER TO SHOW CAUSE REGARDING ESCHEATING OF FUNDS TO THE STATE IS SET FOR SEPTEMBER 23, 2021 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.