On 12/04/2018 WESCO INSURANCE COMPANY, A CORPORATION filed a Contract - Other Contract lawsuit against KYLE KAPLAN. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.
*******4796
12/04/2018
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
WENDY CHANG
WESCO INSURANCE COMPANY A CORPORATION
KAPLAN KYLE
AMERICAN INTERNATIONAL ALLIANCE INC. DBA STAR CONSTRUCTION 1 A CORPORATION
UMRDINOV SARDOR
O NEAL STEPHANIE
WEITMAN BRIAN
WEITMAN AMY
PANELLA LAURA
SOSA CARLOS
MELKONIAN GEOFFREY
LISNOW ROBERT
3/4/2020: Minute Order - Minute Order (Hearing - Other Re: Disbursement of Funds)
11/25/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
12/5/2019: Notice (name extension) - Notice of Continuance of Disbursement Hearing
9/30/2019: Request for Dismissal - Request for Dismissal
9/10/2019: Notice of Ruling - Notice of Ruling
9/4/2019: Minute Order - Minute Order (Hearing on Motion - Other Deposit by Stakeholder)
8/8/2019: Proof of Personal Service - Proof of Personal Service
7/23/2019: Request for Dismissal - Request for Dismissal
4/23/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
4/2/2019: Answer - Answer
3/15/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service
3/19/2019: Answer - Answer
3/8/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service
2/8/2019: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)
2/28/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service
2/28/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service
12/4/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
12/4/2018: First Amended Standing Order - First Amended Standing Order
Hearing12/07/2021 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
Hearing02/03/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
DocketReset - Court Unavailable, Non-Jury Trial scheduled for 06/02/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 02/03/2021 08:30 AM
DocketMinute Order (Hearing - Other Re: Disbursement of Funds)
DocketCertificate of Mailing for (Hearing - Other Re: Disbursement of Funds) of 03/04/2020; Filed by: Clerk
DocketHearing - Other Re: Disbursement of Funds scheduled for 03/04/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 03/04/2020; Result Type to Not Held - Taken Off Calendar by Court
DocketDeclaration CLAIM FOR AWARD OF INTERPLEADED FUNDS; DECLARATION OF STEPHANIE O?NEAL; Filed by: STEPHANIE O NEAL (Defendant)
DocketNotice of Continuance of Disbursement Hearing; Filed by: Wesco Insurance Company, a corporation (Plaintiff)
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
DocketAmendment to Complaint (Fictitious/Incorrect Name); Filed by: Wesco Insurance Company, a corporation (Plaintiff); As to: Brian Weitman (Defendant)
DocketAmendment to Complaint (Fictitious/Incorrect Name); Filed by: Wesco Insurance Company, a corporation (Plaintiff); As to: Amy Weitman (Defendant); Brian Weitman (Defendant)
DocketNon-Jury Trial scheduled for 06/02/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/07/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
DocketComplaint; Filed by: Wesco Insurance Company, a corporation (Plaintiff); As to: KYLE KAPLAN (Defendant); STEPHANIE O NEAL (Defendant); SARDOR UMRDINOV (Defendant) et al.
DocketSummons (Joint Debtor); Issued and Filed by: Wesco Insurance Company, a corporation (Plaintiff); As to: KYLE KAPLAN (Defendant); STEPHANIE O NEAL (Defendant); SARDOR UMRDINOV (Defendant) et al.
DocketCivil Case Cover Sheet; Filed by: Wesco Insurance Company, a corporation (Plaintiff); As to: KYLE KAPLAN (Defendant); STEPHANIE O NEAL (Defendant); SARDOR UMRDINOV (Defendant) et al.
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
Case Number: 18STLC14796 Hearing Date: March 04, 2020 Dept: 26
Wesco Ins. Co. v. Kaplan, et al.
HEARING ON DISBURSEMENT OF FUNDS
(CCP §§ 386, 386.5)
TENTATIVE RULING:
Hearing on disbursement of funds is PLACED OFF CALENDAR. THE MATTER REMAINS SET FOR TRIAL ON JUNE 2, 2020 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
ANALYSIS:
On December 4, 2018, Plaintiff Wesco Insurance Company (“Plaintiff”) filed this action for interpleader and indemnity against Defendants American International Alliance, Inc. dba Star Construction 1 (“Star Construction”), Sardor Umrdibov (“Umrdibov”), Stephanie O’Neal (“O’Neal”), and Kyle Kaplan (“Kaplan”). Plaintiff then filed two Amendments to the Complaint naming Doe 21 and 22 as Brian Weitman and Amy Weitman (collectively, the “Weitmans”), respectively.
This action arose from a dispute over Bond No. 04WB082074 (the “Bond”) in the penal sum of $15,000 for homeowner claimants or $7,500 for non-homeowner claimants. (Compl. ¶¶ 6, 24.) Pursuant to the Application and Indemnity Agreement, Star Construction and Umrdibov agreed to indemnify Plaintiff in exchange for the issuance of the Bond. (Id. ¶ 5.) The Complaint alleges that O’Neal, Kaplan, and the Weitmans (collectively, “Claimants”) have conflicting claims for the bond funds. (Id. ¶ 20.)
On May 24, 2019, Plaintiff filed a Motion to Deposit by Stakeholder, for Discharge of Stakeholder, and for Attorney’s Fees (the “Motion”). On September 4, 2019, the Court granted Plaintiff’s motion to deposit by stakeholder. (See Order, filed 9/4/19.) The court ordered Plaintiff discharged from all liability to defendants in this action and to any other claim with respect to the subject bond. Plaintiff was ordered to deposit the amount of the subject bond ($15,000) less costs awarded to Plaintiff ($2,000) with the clerk of this court. Plaintiff gave notice of the order and disbursement hearing on September 10, 2019. The funds of $13,000.00 were deposited with the Court on October 1, 2019. The Court also the hearing on disbursement of the funds for December 11, 2019. Due to the Court’s unavailability, however, the hearing was continued to March 4, 2020.
Defendants O’Neal and the Weitmans filed written claims to the interpleader funds on October 4, 2019. The Court finds that Defendants O’Neal and the Weitmans, having filed Answers and claims to the interpleader funds, their conflicting claims are issues triable by the court. Code of Civil Procedure section 386, subdivision (e) states in relevant part:
Except in cases where by the law a right to a jury trial is now given, conflicting claims to funds or property or the value thereof so deposited or delivered shall be deemed issues triable by the court, and such issues may be first tried. In the event the amount deposited shall be less than the amount claimed to be due by one or more of the conflicting claimants thereto, or in the event the property or the value thereof delivered is less than all of the property or the value thereof claimed by one or more of such conflicting claimants, any issues of fact involved in determining whether there is a deficiency in such deposit or delivery shall be tried by the court or a jury as provided in Title 8 (commencing with Section 577) of Part 2 of this code.
(Code Civ. Proc., § 386, subd. (e).) Here, Defendants O’Neal and the Weitmans each claim the full amount of the deposited funds. The hearing on disbursement of funds is therefore PLACED OFF CALENDAR. THE MATTER REMAINS SET FOR TRIAL ON JUNE 2, 2020 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
Court clerk to give notice.