This case was last updated from Los Angeles County Superior Courts on 09/08/2021 at 08:07:38 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS DONALD LA BELLA

Case Summary

On 03/29/2019 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against DONALD LA BELLA. 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:

    *******3103

  • Filing Date:

    03/29/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendants

LA BELLA DONALD AKA DONALD MATTHEW LABELLA

LOYA CASUALTY INSURANCE CO

Attorney/Law Firm Details

Plaintiff Attorney

SCHOECK MICHAEL D

Defendant Attorney

THAMMALAIVIROJ PATTY

 

Court Documents

Stipulation and Order (name extension) - Stipulation and Order to Continue Trial

3/5/2021: Stipulation and Order (name extension) - Stipulation and Order to Continue Trial

Answer - Answer

3/9/2021: Answer - Answer

Minute Order - Minute Order (Hearing on Motion for Leave to Intervene)

3/2/2021: Minute Order - Minute Order (Hearing on Motion for Leave to Intervene)

Notice of Ruling - Notice of Ruling

3/2/2021: Notice of Ruling - Notice of Ruling

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

1/8/2021: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Motion for Leave to Intervene - Motion for Leave to Intervene

10/13/2020: Motion for Leave to Intervene - Motion for Leave to Intervene

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

12/5/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

12/30/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Answer - Answer

12/30/2019: Answer - Answer

Ex Parte Application (name extension) - Ex Parte Application for Order Granting Leave to Intervene

8/3/2020: Ex Parte Application (name extension) - Ex Parte Application for Order Granting Leave to Intervene

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

8/4/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Minute Order - Minute Order (Hearing on Ex Parte Application for Order Granting Leave to I...)

8/5/2020: Minute Order - Minute Order (Hearing on Ex Parte Application for Order Granting Leave to I...)

Civil Case Cover Sheet - Civil Case Cover Sheet

3/29/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

3/29/2019: Complaint - Complaint

Summons - Summons on Complaint

3/29/2019: Summons - Summons on Complaint

Declaration (name extension) - Declaration OF VENUE

3/29/2019: Declaration (name extension) - Declaration OF VENUE

First Amended Standing Order - First Amended Standing Order

3/29/2019: First Amended Standing Order - First Amended Standing Order

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

3/29/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

6 More Documents Available

 

Docket Entries

  • 04/01/2022
  • Hearing04/01/2022 at 10:30 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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  • 12/06/2021
  • Hearing12/06/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 03/09/2021
  • DocketAnswer; Filed by: LOYA CASUALTY INSURANCE CO (Defendant); As to: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff)

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  • 03/07/2021
  • DocketPursuant to written stipulation, Jury Trial scheduled for 06/07/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Stipulation was rescheduled to 12/06/2021 08:30 AM

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  • 03/05/2021
  • DocketStipulation and Order to Continue Trial; Signed and Filed by: DONALD LA BELLA (Defendant); As to: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff)

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  • 03/02/2021
  • DocketUpdated -- Motion for Leave to Intervene: Filed By: DONALD LA BELLA (Defendant); Result: Granted; Result Date: 03/02/2021

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  • 03/02/2021
  • DocketNotice of Ruling; Filed by: LOYA CASUALTY INSURANCE CO (Defendant)

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  • 03/02/2021
  • DocketMinute Order (Hearing on Motion for Leave to Intervene)

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  • 03/02/2021
  • DocketHearing on Motion for Leave to Intervene scheduled for 03/02/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 03/02/2021; Result Type to Held - Motion Granted

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  • 03/02/2021
  • DocketAddress for Patty Thammalaiviroj (Attorney) null

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14 More Docket Entries
  • 12/05/2019
  • DocketProof of Service by Substituted Service; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: DONALD LA BELLA (Defendant); Proof of Mailing Date: 11/21/2019; Service Cost: 179.95; Service Cost Waived: No

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  • 03/29/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/01/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/29/2019
  • DocketNon-Jury Trial scheduled for 09/25/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/29/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 03/29/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/29/2019
  • DocketSummons on Complaint; Issued and Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: DONALD LA BELLA (Defendant)

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  • 03/29/2019
  • DocketDeclaration OF VENUE; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: DONALD LA BELLA (Defendant)

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  • 03/29/2019
  • DocketCivil Case Cover Sheet; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: DONALD LA BELLA (Defendant)

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  • 03/29/2019
  • DocketComplaint; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: DONALD LA BELLA (Defendant)

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  • 03/29/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC03103    Hearing Date: March 02, 2021    Dept: 25


Case Number: 20STLC01530    Hearing Date: March 02, 2021    Dept: 25

HEARING DATE: Tue., March 2, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Accredited Surety and Casualty Company, Inc. v. A Remodeling, Inc., et al

CASE NUMBER: 20STLC01530 COMPL. FILED: 02-14-20

NOTICE: OK DISC. C/O: 07-14-21

DISC. MOT. C/O: 07-29-21

TRIAL DATE: 08-13-21

PROCEEDINGS: MOTION TO DEPOSIT BY STAKEHOLDER; FOR DISCHARGE OF STAKEHOLDER; REQUEST FOR ATTORNEY’S FEES

MOVING PARTY: Plaintiff Accredited Surety and Casualty Company, Inc.

RESP. PARTY: None

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

(CCP §§ 386, 386.5)

TENTATIVE RULING:

Plaintiff Accredited Surety and Casualty Company, Inc.’s Motion is GRANTED. Plaintiff’s request for attorney’s fees and costs is also GRANTED in the amount of $2,500.00. Interpleader funds of $5,000.00 are to be deposited within thirty (30) days of receipt of this order.

Trial remains scheduled for August 13, 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 February 26, 2021 [ ] Late [X] None

REPLY: None filed as of February 26, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On February 14, 2020, Plaintiff Accredited Surety and Casualty Company, Inc. (“Plaintiff”) filed the instant action for indemnity, reimbursement, and interpleader against Defendants A Remodeling, Inc. (“A Remodeling”), Timothy Davis aka Timothy James Davis (“Davis”), Armando Jimenez aka Armando Rodriguez Jimenez (“Jimenez”), Simon Melikian (“Melikian”), and Ann Tumberian (“Tumberian”). Default was entered against Defendants Davis, Jimenez, and Melikian on April 22, 2020, against Defendant Tumberian on April 28, 2020, and against Defendant A Remodeling on May 6, 2020.

Plaintiff filed the instant Motion to Deposit by Stakeholder, for Discharge of Stakeholder, and Request for Attorney’s Fees (the “Motion”) on August 18, 2020. To date, no opposition has been filed.

  1. 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.)

  1. Discussion

Plaintiff’s request to be discharged from liability is GRANTED. All claimants have been served with the Summons and Complaint and have defaulted. The subject matter of this action is a $7,500.00 bond, Bond No. 10096642 (the “Bond”). (Notice of Mot., ¶ 2, Pagan Decl., ¶ 2.) Plaintiff states that it has no interest in the proceeds and that it cannot determine the validity of the conflicting claims that have been made as to the Bond funds. (Id., Pagan Decl., ¶ 8.) Thus, upon deposit of the funds with the Court, Plaintiff is discharged from further liability. In addition, the Court 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 seeks attorney’s fees and costs of $2,500.00. (Mot., Pagan Decl., ¶¶ 6, 10, Exh. 1.) Plaintiff has expended attorney’s fees and costs in bringing this action and protecting itself from liability. Specifically, Plaintiff’s counsel filed the instant action and Motion, served all claimants, communicated with claimants regarding the interpleader procedure, sought to preserve the Bond funds, and will deposit the Bond funds. (Id. at ¶¶ 6, 7, 10, Exhs. 1, 2.) Thus, the Court finds the fees and costs of $2,500 to be reasonable. Plaintiff is ordered to deposit surplus funds of $5,000.00 within thirty (30) days of receipt of this order.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Accredited Surety and Casualty Company, Inc.’s Motion is GRANTED. Plaintiff’s request for attorney’s fees and costs is also GRANTED in the amount of $2,500.00. Interpleader funds of $5,000.00 are to be deposited within thirty (30) days of receipt of this order.

Trial remains scheduled for August 13, 2021 at 8:30 a.m. in Department 25.

Moving party is ordered to give notice.

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