This case was last updated from Los Angeles County Superior Courts on 10/10/2021 at 09:14:44 (UTC).

WESCO INSURANCE COMPANY, A CORPORATION VS PRINCE FREEMAN, ET AL.

Case Summary

On 12/11/2019 WESCO INSURANCE COMPANY, A CORPORATION filed a Contract - Other Contract lawsuit against PRINCE FREEMAN. 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:

    *******1291

  • Filing Date:

    12/11/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

WESCO INSURANCE COMPANY A CORPORATION

Defendants

GARFIAS ABELARDO

IBARRA ELSA

POLLARD LINDA

FREEMAN PRINCE DBA FREEMANS CONTRACTOR CO

Attorney/Law Firm Details

Plaintiff Attorney

PAGAN JOHN

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial;) of 09/13/2021

9/13/2021: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial;) of 09/13/2021

Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

9/2/2021: Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

9/2/2021: Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

Order (name extension) - Order on Motion to Deposit

10/19/2020: Order (name extension) - Order on Motion to Deposit

Memorandum of Points & Authorities - Memorandum of Points & Authorities

10/19/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Minute Order - Minute Order (Hearing on Motion for Order to Deposit by Stakeholder)

5/4/2021: Minute Order - Minute Order (Hearing on Motion for Order to Deposit by Stakeholder)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Order to Deposit by Stakeholder) of 05/04/2021

5/4/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Order to Deposit by Stakeholder) of 05/04/2021

Notice (name extension) - Notice of Ruling on Motion to Deposit

5/6/2021: Notice (name extension) - Notice of Ruling on Motion to Deposit

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

6/9/2021: Minute Order - Minute Order (Non-Jury Trial;)

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial;) of 06/09/2021

6/9/2021: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial;) of 06/09/2021

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

7/1/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

7/1/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

7/1/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

3/10/2020: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

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

1/24/2020: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

Summons - Summons on Complaint

12/11/2019: Summons - Summons on Complaint

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

12/11/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

12/11/2019: First Amended Standing Order - First Amended Standing Order

14 More Documents Available

 

Docket Entries

  • 03/14/2022
  • Hearing03/14/2022 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Status Conference

    Read MoreRead Less
  • 09/13/2021
  • DocketStatus Conference re: Status of Filing of Claim of Funds by Elsa Ibarra and Abelardo Grafias scheduled for 03/14/2022 at 09:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 09/13/2021
  • DocketUpdated -- Certificate of Mailing for (Non-Jury Trial;) of 09/13/2021: Status Date changed from 09/13/2021 to 09/13/2021; As To Parties: removed

    Read MoreRead Less
  • 09/13/2021
  • DocketMinute Order (Non-Jury Trial;)

    Read MoreRead Less
  • 09/13/2021
  • DocketCertificate of Mailing for (Non-Jury Trial;) of 09/13/2021; Filed by: Clerk

    Read MoreRead Less
  • 09/13/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/14/2022 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 01/24/2020

    Read MoreRead Less
  • 09/13/2021
  • DocketNon-Jury Trial scheduled for 09/13/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Court on 09/13/2021

    Read MoreRead Less
  • 09/02/2021
  • DocketNotice of Rejection - Pleadings; Filed by: Clerk

    Read MoreRead Less
  • 09/02/2021
  • DocketNotice of Rejection - Pleadings; Filed by: Clerk

    Read MoreRead Less
  • 06/09/2021
  • DocketNon-Jury Trial scheduled for 09/13/2021 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
25 More Docket Entries
  • 01/24/2020
  • DocketProof of Mailing (Substituted Service); Filed by: Wesco Insurance Company, a corporation (Plaintiff); As to: Prince Freeman (Defendant); Mailing Date: 01/06/2020; Service Cost: 65.00; Cost Waived: No

    Read MoreRead Less
  • 01/24/2020
  • DocketProof of Mailing (Substituted Service); Filed by: Wesco Insurance Company, a corporation (Plaintiff); As to: Linda Pollard (Defendant); Mailing Date: 01/06/2020; Service Cost: 65.00; Cost Waived: No

    Read MoreRead Less
  • 12/11/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 12/11/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 12/11/2019
  • DocketSummons on Complaint; Issued and Filed by: Wesco Insurance Company, a corporation (Plaintiff); As to: Prince Freeman (Defendant); Linda Pollard (Defendant); Elsa Ibarra (Defendant) et al.

    Read MoreRead Less
  • 12/11/2019
  • DocketCivil Case Cover Sheet; Filed by: Wesco Insurance Company, a corporation (Plaintiff); As to: Prince Freeman (Defendant); Linda Pollard (Defendant); Elsa Ibarra (Defendant) et al.

    Read MoreRead Less
  • 12/11/2019
  • DocketComplaint; Filed by: Wesco Insurance Company, a corporation (Plaintiff); As to: Prince Freeman (Defendant); Linda Pollard (Defendant); Elsa Ibarra (Defendant) et al.

    Read MoreRead Less
  • 12/11/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/14/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 12/11/2019
  • DocketNon-Jury Trial scheduled for 06/09/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 12/11/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less

Tentative Rulings

Case Number: 19STLC11291    Hearing Date: May 4, 2021    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; for Attorney’s Fees; and for Temporary Restraining Order is GRANTED AS TO THE THIRD CAUSE OF ACTION FOR INTERPLEADER. INTERPLEADER FUNDS OF $13,000.00 ARE TO BE DEPOSITED WITH THE COURT WITHIN 30 DAYS.

Trial remains scheduled for June 9, 2021 at 8:30 am in Department 26 in the Spring Street Courthouse. If no claims or appearances are made at trial, the matter will be set for an OSC Re: Escheating Funds. (Code Civ. Proc., § 128; Govt. Code, § 68084.1.)

ANALYSIS:

On December 11, 2019, Plaintiff Wesco Insurance Company (“Plaintiff”) filed the Complaint in this action for indemnity, reimbursement and interpleader action against Defendants Prince Freeman, individually and dba Freemans Contractor Co. (“Defendant Freeman”), Linda Pollard, Elsa Ibarra and Abelardo Garfias. This action arises from a dispute over construction Bond No. 04-WB058828 (the “Bond”) originally issued in the penal sum of $12,500.00. (Compl., ¶¶5-7.) Under California law, the penal sum of the bond was increased to $15,000.00 on or about January 1, 2016. (Id. at ¶6.) Pursuant to the Application and Indemnity Agreement, Defendant Freeman allegedly agreed to indemnify Plaintiff in exchange for issuance of the Bond. (Id. at ¶¶5-6.) The remaining Defendants are alleged to have made claims on the Bond. (Id. at ¶¶8, 20.)

Plaintiff filed the instant Motion to Deposit by Stakeholder, for Discharge of Stakeholder, for Attorney’s Fees and for Temporary Restraining Order (the “Motion”) on October 19, 2020. 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, 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 attorney’s 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 third cause of action for interpleader is granted. All claimants have been served with the Summons and Complaint, served with the instant motion and are in default. (Code Civ. Proc., §§ 386 and 386.5.) The subject matter of this action is a bond in the amount of $15,000.00. Currently, Plaintiff cannot determine the validity of the conflicting demands that have been made. (Motion, Pagan Decl., ¶¶7-8 and Exh. 2.) Upon deposit of the funds to the Court, Plaintiff may be discharged from further liability and the Court hereby 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, entered default as to all Defendants, will appear at the instant hearing, will deposit the bond, and has sought to preserve the surplus funds. (Motion, Pagan Decl., ¶6 and Exh. 1.) Fees and costs are awarded to Plaintiff in the amount of $2,000.00. (Ibid.)

Conclusion

Plaintiff Wesco Insurance Company’s Motion to Deposit by Stakeholder; for Discharge of Stakeholder; for Attorney’s Fees; and for Temporary Restraining Order is GRANTED AS TO THE THIRD CAUSE OF ACTION FOR INTERPLEADER. INTERPLEADER FUNDS OF $13,000.00 ARE TO BE DEPOSITED WITH THE COURT WITHIN 30 DAYS.

Trial remains scheduled for June 9, 2021 at 8:30 am in Department 26 in the Spring Street Courthouse. If no claims or appearances are made at trial, the matter will be set for an OSC Re: Escheating Funds. (Code Civ. Proc., § 128; Govt. Code, § 68084.1.)

Court clerk to give notice.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


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

Latest cases represented by Lawyer PAGAN JOHN