This case was last updated from Los Angeles County Superior Courts on 04/13/2021 at 03:26:42 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS BRIAN SIGGERS, ET AL.

Case Summary

On 09/27/2019 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against BRIAN SIGGERS. 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:

    *******8911

  • Filing Date:

    09/27/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiffs and Cross Defendants

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

PENA FRANKLIN

SONG HOJUNG

Defendants and Cross Plaintiffs

SIGGERS BRIAN

U-HAUL CO. OF CALIFORNIA

VALARINO SASHA

Attorney/Law Firm Details

Plaintiff Attorney

SCHOECK MICHAEL D.

Defendant and Cross Plaintiff Attorney

LAPIDUS DANIEL C.

 

Court Documents

Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

2/19/2021: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

Minute Order - Minute Order (Non-Jury Trial;)

3/26/2021: Minute Order - Minute Order (Non-Jury Trial;)

Declaration (name extension) - Declaration of Daniel C. Lapidus in Support

4/10/2020: Declaration (name extension) - Declaration of Daniel C. Lapidus in Support

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

4/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Stipulation and Order (name extension) - Stipulation and Order Re Allegations against Defendant

3/17/2020: Stipulation and Order (name extension) - Stipulation and Order Re Allegations against Defendant

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

2/27/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Service by Mail - Proof of Service by Mail

2/21/2020: Proof of Service by Mail - Proof of Service by Mail

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

1/28/2020: 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

1/14/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

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

1/13/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court) Granted

Proof of Service by Mail - Proof of Service by Mail

12/17/2019: Proof of Service by Mail - Proof of Service by Mail

Request (name extension) - Request for Exemption from Mandatory Electronic Filing and Service

11/18/2019: Request (name extension) - Request for Exemption from Mandatory Electronic Filing and Service

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

11/22/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Personal Service - Proof of Personal Service

11/22/2019: Proof of Personal Service - Proof of Personal Service

Summons - Summons on Complaint

11/13/2019: Summons - Summons on Complaint

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

11/5/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Proof of Personal Service - Proof of Personal Service

10/15/2019: Proof of Personal Service - Proof of Personal Service

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

9/27/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

42 More Documents Available

 

Docket Entries

  • 09/30/2022
  • Hearing09/30/2022 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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  • 05/25/2021
  • Hearing05/25/2021 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 03/26/2021
  • DocketOrder to Show Cause Re: Entry of Default Judgment and Dismissal scheduled for 05/25/2021 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 03/26/2021
  • DocketMinute Order (Non-Jury Trial;)

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  • 03/26/2021
  • DocketCertificate of Mailing for (Non-Jury Trial;) of 03/26/2021; Filed by: Clerk

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  • 03/26/2021
  • DocketNon-Jury Trial scheduled for 03/26/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Court on 03/26/2021

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  • 03/25/2021
  • DocketUpdated -- Judgment by Court by Default: Filed By: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); Result changed from Granted to Vacated; Result Date changed from 03/11/2021 to 03/25/2021; As To Parties changed from BRIAN SIGGERS (Defendant) to BRIAN SIGGERS (Defendant)

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  • 03/25/2021
  • DocketMinute Order (Court Order;)

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  • 03/25/2021
  • DocketCertificate of Mailing for (Court Order;) of 03/25/2021; Filed by: Clerk

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  • 03/25/2021
  • DocketUpdated -- On the Complaint filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY on 09/27/2019, judgment entered on 03/11/2021 is vacated

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65 More Docket Entries
  • 10/15/2019
  • DocketProof of Personal Service; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: U-HAUL CO. OF CALIFORNIA (Defendant); Service Date: 10/08/2019; Service Cost: 79.50; Service Cost Waived: No

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  • 09/27/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 09/27/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/27/2019
  • DocketSummons on Complaint; Issued and Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: BRIAN SIGGERS (Defendant); SASHA VALARINO (Defendant); U-HAUL CO. OF CALIFORNIA (Defendant)

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  • 09/27/2019
  • DocketCivil Case Cover Sheet; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: BRIAN SIGGERS (Defendant); SASHA VALARINO (Defendant); U-HAUL CO. OF CALIFORNIA (Defendant)

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  • 09/27/2019
  • DocketDeclaration DECLARATION OF VENUE; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: BRIAN SIGGERS (Defendant); SASHA VALARINO (Defendant); U-HAUL CO. OF CALIFORNIA (Defendant)

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  • 09/27/2019
  • DocketComplaint; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: BRIAN SIGGERS (Defendant); SASHA VALARINO (Defendant); U-HAUL CO. OF CALIFORNIA (Defendant)

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  • 09/27/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/30/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/27/2019
  • DocketNon-Jury Trial scheduled for 03/26/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/27/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC08911    Hearing Date: July 16, 2020    Dept: 26

MOTION TO DEPOSIT BY STAKEHOLDER, FOR DISCHARGE OF STAKEHOLDER, AND FOR ATTORNEY’S FEES
(CCP §§ 386, 386.5)
TENTATIVE RULING:

Cross-Complainant U-Haul Co. of California’s Motion to Deposit, Discharge of Liability and Award of Costs is GRANTED and UHCA is awarded $947.17 in costs. (Code Civ. Proc., §§ 386.5, 386, subd. (f).) A hearing to determine the disposition of funds is set for December 10, 2020 at 9:00 am in Department 26 in the Spring Street Courthouse. Each claimant must file a written claim within 30 days of this order; the written claim should include a declaration setting forth the basis for the claim of ownership or interest. All claimants must also personally appear at the disbursement hearing. If no claims or appearances are made, the matter will be set for an OSC re: Escheating Funds. (Code Civ. Proc., § 128; Govt. Code, § 68084.1.)

Cross-Complainant U-Haul Co. of California is ordered to give notice of this order and the disbursement hearing on all parties, claimants and interested parties. Upon filing of the proof of service of the notice of disbursement hearing, Cross-Complainant U-Haul Co. of California shall be discharged of further responsibility for the disputed funds.TRIAL REMAINS SET FOR MARCH 26, 2021 AT 08:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS:

On September 27, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) initiated this action for automobile subrogation against Defendant Brian Siggers, Sasha Valarino, and U-Haul Co. of California (“UHCA”). The action arises out of a motor vehicle accident on March 14, 2018 in which a vehicle owned by UHCA was involved. Valarino was dismissed on November 7, 2019.
On November 12, 2019, UHCA filed a Cross-Complaint in Interpleader against Plaintiff, Hojung Song and Franklin Pena, alleging that a dispute exists as to the $5,000.00 in self-insurance proceeds UHCA maintains for its rental vehices and that UHCA is unable to resolve the dispute. (Cross-Compl., ¶¶9-18.) UHCA deposited the $5,000.00 in disputed funds with the Court on November 15, 2019. Default was entered against Defendant Song on the Cross-Complaint on January 28, 2020. On March 17, 2020, Plaintiff and UHCA filed a stipulation regarding the nature of the liability alleged against UHCA in the Complaint.
On April 10, 2020, UHCA filed the instant Motion For Order Discharging It From Liability And For Costs (“the Motion”) seeking to deposit the $5,000.00 in disputed funds and for a judgment of dismissal with award costs. To date, no opposition has been filed.
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).)

Discussion

UHCA moves to deposit the disputed funds and for entry of a judgment of dismissal from liability on the Cross-Complaint. UHCA demonstrated that all claimants have been served with the Summons and Complaint, served with the instant motion, are in default, or were dismissed from the action. The Court also finds UHCA’s request to deposit the interpleader funds and be discharged from the interpleader cause of action to be proper. (Code Civ. Proc., §§ 386 and 386.5.) Under Code of Civil Procedure section 386, “[w]hen a person may be subject to conflicting claims for money or property, the person may bring an interpleader action to compel the claimants to litigate their claims among themselves.” (City of Morgan Hill v. Brown (1999) 71 Cal.App.4th 1114, 1122.) “‘‘The purpose of interpleader is to prevent a multiplicity of suits and double vexation. [Citation.] ‘The right to the remedy by interpleader is founded, however, not on the consideration that a [person] may be subjected to double liability, but on the fact that he is threatened with double vexation in respect to one liability.’ [Citation.]’ [Citation.]” (Southern California Gas Company v. Flannery (2014) 232 Cal.App.4th 477, 487.) In fact, there is no requirement that an interpleader plaintiff bring a motion or obtain an order prior to depositing the funds. (Code Civ. Proc., § 386, subd. (c).)

The subject matter of the Cross-Complaint is UHCA’s $5,000.00 self-insurance proceeds and it has demonstrated it incurred costs of $947.17 in its cross-action. (Motion, Lapidus Decl., ¶7 and Exh. F.) Accordingly, 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).)

Based on the foregoing, Cross-Complainant U-Haul Co. of California’s Motion to Deposit, Discharge of Liability and Award of Costs is GRANTED and UHCA is awarded $947.17 in costs. (Code Civ. Proc., §§ 386.5, 386, subd. (f).) A hearing to determine the disposition of funds is set for December 10, 2020 at 9:00 am in Department 26 in the Spring Street Courthouse. Each claimant must file a written claim within 30 days of this order; the written claim should include a declaration setting forth the basis for the claim of ownership or interest. All claimants must also personally appear at the disbursement hearing. If no claims or appearances are made, the matter will be set for an OSC re: Escheating Funds. (Code Civ. Proc., § 128; Govt. Code, § 68084.1.)

Cross-Complainant U-Haul Co. of California is ordered to give notice of this order and the disbursement hearing on all parties, claimants and interested parties. Upon filing of the proof of service of the notice of disbursement hearing, Cross-Complainant U-Haul Co. of California shall be discharged of further responsibility for the disputed funds.

TRIAL REMAINS SET FOR MARCH 26, 2021 AT 08:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.

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