Search

Attributes

This case was last updated from Los Angeles County Superior Courts on 12/02/2019 at 07:46:09 (UTC).

WESCO INSURANCE COMPANY, A CORPORATION VS PACIFICA TILE & STONE, INC., A CORPORATION, ET AL.

Case Summary

On 08/15/2019 WESCO INSURANCE COMPANY, A CORPORATION filed a Contract - Other Contract lawsuit against PACIFICA TILE STONE, INC , A CORPORATION. This case was filed in Los Angeles County Superior Courts, Stanley Mosk 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:

    *******7659

  • Filing Date:

    08/15/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

WESCO INSURANCE COMPANY A CORPORATION

Defendants

CALDWELL TERESA

PACIFICA TILE & STONE INC. A CORPORATION

SOLEYMANI DAVID

GOMEZ ARIEL AKA ARIEL HERNANDO GOMEZ

Attorney/Law Firm Details

Plaintiff Attorney

PAGAN JOHN

Defendant Attorneys

BISNO ROBERT

RALIDIS KENNETH W.

 

Court Documents

Proof of Personal Service - Proof of Personal Service

10/22/2019: Proof of Personal Service - Proof of Personal Service

Motion re: (name extension) - Motion re: to Deposit by Stakeholder

10/23/2019: Motion re: (name extension) - Motion re: to Deposit by Stakeholder

Memorandum of Points & Authorities - Memorandum of Points & Authorities

10/23/2019: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Proof of Personal Service - Proof of Personal Service

9/18/2019: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

9/18/2019: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

9/18/2019: Proof of Personal Service - Proof of Personal Service

General Denial - General Denial

9/23/2019: General Denial - General Denial

Affidavit (name extension) - Affidavit of Reasonable Diligence

9/25/2019: Affidavit (name extension) - Affidavit of Reasonable Diligence

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

10/10/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Complaint - Complaint

8/15/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

8/15/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

8/15/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

8/15/2019: First Amended Standing Order - First Amended Standing Order

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

8/15/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

2 More Documents Available

 

Docket Entries

  • 08/18/2022
  • Hearing08/18/2022 at 10:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

    Read MoreRead Less
  • 02/11/2021
  • Hearing02/11/2021 at 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

    Read MoreRead Less
  • 04/08/2020
  • Hearing04/08/2020 at 10:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion - Other (name extension)

    Read MoreRead Less
  • 10/23/2019
  • DocketMotion re: to Deposit by Stakeholder; Filed by: Wesco Insurance Company, a corporation (Plaintiff)

    Read MoreRead Less
  • 10/23/2019
  • DocketMemorandum of Points & Authorities; Filed by: Wesco Insurance Company, a corporation (Plaintiff)

    Read MoreRead Less
  • 10/23/2019
  • DocketHearing on Motion - Other Motion to Deposit by Stakeholder scheduled for 04/08/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 10/22/2019
  • DocketProof of Personal Service; Filed by: Wesco Insurance Company, a corporation (Plaintiff); As to: David Soleymani (Defendant); Service Date: 10/14/2019; Service Cost: 65.00; Service Cost Waived: No

    Read MoreRead Less
  • 10/10/2019
  • DocketDefault entered as to Teresa Caldwell; On the Complaint filed by Wesco Insurance Company, a corporation on 08/15/2019

    Read MoreRead Less
  • 10/10/2019
  • DocketRequest for Entry of Default / Judgment; Filed by: Wesco Insurance Company, a corporation (Plaintiff); As to: Teresa Caldwell (Defendant)

    Read MoreRead Less
  • 09/25/2019
  • DocketAffidavit of Reasonable Diligence; Filed by: Wesco Insurance Company, a corporation (Plaintiff)

    Read MoreRead Less
2 More Docket Entries
  • 09/18/2019
  • DocketProof of Personal Service; Filed by: Wesco Insurance Company, a corporation (Plaintiff); As to: Pacifica Tile & Stone, Inc., a corporation (Defendant); Service Date: 08/27/2019; Service Cost: 65.00; Service Cost Waived: No

    Read MoreRead Less
  • 09/18/2019
  • DocketProof of Personal Service; Filed by: Wesco Insurance Company, a corporation (Plaintiff); As to: Teresa Caldwell (Defendant); Service Date: 09/04/2019; Service Cost: 65.00; Service Cost Waived: No

    Read MoreRead Less
  • 08/19/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/18/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 08/19/2019
  • DocketNon-Jury Trial scheduled for 02/11/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 08/19/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 08/15/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 08/15/2019
  • DocketSummons on Complaint; Issued and Filed by: Wesco Insurance Company, a corporation (Plaintiff); As to: Pacifica Tile & Stone, Inc., a corporation (Defendant); Ariel Gomez (Defendant); Teresa Caldwell (Defendant) et al.

    Read MoreRead Less
  • 08/15/2019
  • DocketCivil Case Cover Sheet; Filed by: Wesco Insurance Company, a corporation (Plaintiff); As to: Pacifica Tile & Stone, Inc., a corporation (Defendant); Ariel Gomez (Defendant); Teresa Caldwell (Defendant) et al.

    Read MoreRead Less
  • 08/15/2019
  • DocketComplaint; Filed by: Wesco Insurance Company, a corporation (Plaintiff); As to: Pacifica Tile & Stone, Inc., a corporation (Defendant); Ariel Gomez (Defendant); Teresa Caldwell (Defendant) et al.

    Read MoreRead Less
  • 08/15/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less

Tentative Rulings

Case Number: 19STLC07659    Hearing Date: September 10, 2020    Dept: 26

MOTION TO DEPOSIT BY STAKEHOLDER, FOR DISCHARGE OF STAKEHOLDER, FOR ATTORNEY’S FEES; AND FOR TEMPORARY RESTRAINING ORDER

(CCP §§ 386, 386.5)

TENTATIVE RULING:

Plaintiff Wesco Insurance Company’s Motion to Deposit by Stakeholder, for Discharge of Stakeholder, and for Attorney’s Fees is GRANTED AS TO THE THIRD CAUSE OF ACTION FOR INTERPLEADER. INTERPLEADER FUNDS OF $12,500.00 TO BE DEPOSITED WITHIN 30 DAYS. Trial remains scheduled for February 11, 2021 at 8:30 am in Department 26 in the Spring Street Courthouse.

ANALYSIS:

On August 15, 2019, Plaintiff Wesco Insurance Company (“Plaintiff”) initiated this action for indemnity, reimbursement and interpleader against Defendants Pacifica Tile & Stone, Inc. (“Defendant Pacifica”), Ariel Gomez aka Ariel Hernando Gomez (“Defendant Gomez”), Teresa Caldwell (“Defendant Caldwell”), and David Soleymani (“Defendant Soleymani”). This action arises from a dispute over Bond No. 04-WB083273 (the “Bond”) in the penal sum of $15,000 for homeowner claimants or $7,500 for non-homeowner claimants. (Compl. ¶¶ 6, 22.) Pursuant to the Application and Indemnity Agreement, Defendants Pacifica and Gomez agreed to indemnify Plaintiff in exchange for issuance of the Bond. (Id. ¶ 6.) Defendants Caldwell and Soleymani are alleged to have made claims on the Bond and are named only on the third cause of action for interpleader. (Id. at ¶20.)

All Defendants having now answered the Complaint, Plaintiff brings the instant Motion to Deposit by Stakeholder, for Discharge of Stakeholder, for Attorney’s Fees, and for Temporary Restraining Order (the “Motion”). Defendant Gomez filed an opposition on June 16, 2020 and Plaintiff replied on August 25, 2020.

Legal Standard

Interpleader is a procedure whereby a person holding money or personal property to which conflicting claims are being made by others, or may be made, can join the adverse claimants and force them to litigate their claims among themselves. (Code Civ. Proc., § 386, subd. (b).) 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.)

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

Plaintiff’s request to be discharged from liability on the first cause of action for interpleader is granted. As all claimants have been served with the Summons and Complaint, served with the instant motion, answered, are in default, or were dismissed from the action, relief is proper. (Code Civ. Proc., §§ 386 and 386.5.) The subject matter of this action is $15,000.00. Currently, Plaintiff cannot determine the validity of the conflicting demands that have been made. (Motion, Pagan Decl., ¶¶6-8 and Exh. 2.) This is further bolstered by the Answers filed by Defendants Soleymani and Caldwell, both of whom claim the interpleader funds. (Answer, filed 1/6/20, ¶15; Answer, filed 3/3/20, ¶22.) Upon deposit of the funds to the court, Plaintiff may be discharged from further liability and the Court enters a restraining order to prevent the prosecution of other actions affecting the rights and obligations as between the parties to the interpleader. (Code Civ. Proc., §§ 386.5, 386, subd. (f).)

Furthermore, the fees and costs sought by Plaintiff are proper. Plaintiff’s counsel has expended substantial attorneys’ fees and costs bringing this action and protecting itself from liability. Specifically, Plaintiff’s counsel filed the instant action and motion, served all Defendants, will appear at the instant hearing, will deposit the bond, and has sought to preserve the surplus funds. (Motion, Pagan Decl., ¶10 and Exh. 1.) Therefore, fees and costs are awarded to Plaintiff in the amount of $2,500.00. (Ibid.)

Plaintiff Wesco Insurance Company’s Motion to Deposit by Stakeholder and for Discharge of Stakeholder is GRANTED AS TO THE THIRD CAUSE OF ACTION FOR INTERPLEADER. INTERPLEADER FUNDS OF $12,500.00 TO BE DEPOSITED WITH 30 DAYS. Trial remains scheduled for February 11, 2021 at 8:30 am in Department 26 in the Spring Street Courthouse.

Moving party to give notice.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where PACIFICA TILE & STONE INC. is a litigant

Latest cases where WESCO INSURANCE COMPANY A DELAWARE CORPORATION is a litigant

Latest cases represented by Lawyer PAGAN JOHN