This case was last updated from Los Angeles County Superior Courts on 04/28/2020 at 21:51:41 (UTC).

WESCO INSURANCE COMPANY, A CORPORATION VS SO CAL HOME REMODELING, INC., A CORPORATION, ET AL.

Case Summary

On 12/14/2018 WESCO INSURANCE COMPANY, A CORPORATION filed a Contract - Other Contract lawsuit against SO CAL HOME REMODELING, INC , A CORPORATION. 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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4883

  • Filing Date:

    12/14/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

WESCO INSURANCE COMPANY A CORPORATION

Defendants

SO CAL HOME REMODELING INC. A CORPORATION

SHITRIT RONEN

SIMON PHILLIP

PEPPARD STEVE

BERMUDEZ AN INDIVIDUAL ROBERT

SCHAEFER MARY

TRITT ELLEN A.

AS ELECTRIC INC. DBA EVOLUTION ENERGY A CORPORATION DBA

MORRIS OTIS

Attorney/Law Firm Details

Plaintiff Attorney

PAGAN JOHN MICHAEL

Defendant Attorney

TRITT EARL

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion - Other for Disbursement of Funds) of 02/20/2020

2/20/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion - Other for Disbursement of Funds) of 02/20/2020

Minute Order - Minute Order (Hearing on Motion - Other for Disbursement of Funds)

2/20/2020: Minute Order - Minute Order (Hearing on Motion - Other for Disbursement of Funds)

Other - (name extension) - Other - dispersement hearing statement of claim

10/22/2019: Other - (name extension) - Other - dispersement hearing statement of claim

Minute Order - Minute Order (Hearing on Motion - Other for Disbursement of Funds)

10/22/2019: Minute Order - Minute Order (Hearing on Motion - Other for Disbursement of Funds)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion - Other for Disbursement of Funds) of 10/22/2019

10/22/2019: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion - Other for Disbursement of Funds) of 10/22/2019

Order (name extension) - Order [Proposed] Order on Motion to Deposit by Stakeholder

8/28/2019: Order (name extension) - Order [Proposed] Order on Motion to Deposit by Stakeholder

Notice of Ruling - Notice of Ruling

8/19/2019: Notice of Ruling - Notice of Ruling

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

8/12/2019: Minute Order - Minute Order (Hearing on Motion - Other to Deposit by Stakeholder)

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

5/15/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Memorandum of Points & Authorities - Memorandum of Points & Authorities

3/27/2019: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Answer - Answer

3/7/2019: Answer - Answer

Proof of Service by Mail - Proof of Service by Mail

3/7/2019: Proof of Service by Mail - Proof of Service by Mail

Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

2/15/2019: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

Affidavit (name extension) - Affidavit of Reasonable Diligence

2/8/2019: Affidavit (name extension) - Affidavit of Reasonable Diligence

Affidavit (name extension) - Affidavit of Reasonable Diligence

2/8/2019: Affidavit (name extension) - Affidavit of Reasonable Diligence

Affidavit (name extension) - Affidavit Affidavit of Reasonable Diligence

1/15/2019: Affidavit (name extension) - Affidavit Affidavit of Reasonable Diligence

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

1/15/2019: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

Affidavit (name extension) - Affidavit Affidavit of Reasonable Diligence

1/15/2019: Affidavit (name extension) - Affidavit Affidavit of Reasonable Diligence

33 More Documents Available

 

Docket Entries

  • 12/17/2021
  • Hearing12/17/2021 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

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  • 06/12/2020
  • Hearing06/12/2020 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 02/20/2020
  • DocketMinute Order (Hearing on Motion - Other for Disbursement of Funds)

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  • 02/20/2020
  • DocketCertificate of Mailing for (Hearing on Motion - Other for Disbursement of Funds) of 02/20/2020; Filed by: Clerk

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  • 02/20/2020
  • DocketHearing on Motion - Other for Disbursement of Funds scheduled for 02/20/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/20/2020; Result Type to Not Held - Taken Off Calendar by Court

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  • 11/25/2019
  • DocketAffidavit Statement of Claim; Filed by: Phillip Simon (Defendant)

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  • 10/23/2019
  • DocketHearing on Motion - Other for Disbursement of Funds scheduled for 02/20/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/23/2019
  • DocketPursuant to oral stipulation, Hearing on Motion - Other for Disbursement of Funds scheduled for 10/22/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Held - Continued was rescheduled to 02/20/2020 10:30 AM

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  • 10/22/2019
  • DocketOther - dispersement hearing statement of claim; Filed by: Steve Peppard (Defendant)

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  • 10/22/2019
  • DocketMinute Order (Hearing on Motion - Other for Disbursement of Funds)

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48 More Docket Entries
  • 01/15/2019
  • DocketAffidavit Affidavit of Reasonable Diligence; Filed by: Wesco Insurance Company, a corporation (Plaintiff)

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  • 01/15/2019
  • DocketProof of Mailing (Substituted Service); Filed by: Wesco Insurance Company, a corporation (Plaintiff); As to: Steve Peppard (Defendant); Mailing Date: 01/02/2019; Service Cost: 75.00; Cost Waived: No

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  • 12/18/2018
  • DocketNon-Jury Trial scheduled for 06/12/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/18/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/17/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/18/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 12/14/2018
  • DocketComplaint; Filed by: Wesco Insurance Company, a corporation (Plaintiff); As to: So Cal Home Remodeling, Inc., a corporation (Defendant); Ronen Shitrit (Defendant); Steve Peppard (Defendant) et al.

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  • 12/14/2018
  • DocketCivil Case Cover Sheet; Filed by: Wesco Insurance Company, a corporation (Plaintiff); As to: So Cal Home Remodeling, Inc., a corporation (Defendant); Ronen Shitrit (Defendant); Steve Peppard (Defendant) et al.

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  • 12/14/2018
  • DocketSummons on Complaint; Issued and Filed by: Wesco Insurance Company, a corporation (Plaintiff); As to: So Cal Home Remodeling, Inc., a corporation (Defendant); Ronen Shitrit (Defendant); Steve Peppard (Defendant) et al.

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  • 12/14/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/14/2018
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 18STLC14883    Hearing Date: February 20, 2020    Dept: 26

Wesco Ins. Co. v. So Cal Home Remodeling, Inc., et al

HEARING ON DISBURSEMENT OF FUNDS

(CCP §§ 386, 386.5)

TENTATIVE RULING:

Hearing on disbursement of funds is PLACED OFF CALENDAR. DEFENDANTS STEVE PEPPARD AND PHILLIP SIMON’S CLAIM MUST BE TRIED. ACCORDINGLY, THE MATTER REMAINS SET FOR TRIAL ON JUNE 12, 2020 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On December 14, 2018, Plaintiff Wesco Insurance Company (“Plaintiff”) filed this action for indemnity, reimbursement, and interpleader with respect to claims against a construction bond issued to Defendants So Cal Home Remodeling, Inc. (“So Cal Home”) and Ronen Shitrit (“Shitrit”). The action was also brought against Defendants Steve Peppard, Phillip Simon, Robert Bermudez, Ellen Tritt, Mary Schaefer, As Electric, Inc. dba Evolution Energy and Otis Morris.

Following dismissal or default of almost all Defendants, only two remain: Defendants Peppard and Simon. Defendant Peppard filed an Answer on March 7, 2019 and Defendant Simon filed an Answer on April 16, 2019. Both Answers were filed in pro per.

On August 12, 2019, the Court granted Plaintiff’s motion to deposit by stakeholder. (See Order, filed 8/28/19.) 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 ($2,500) with the clerk of this court. The funds were deposited with the Court on September 6, 2019. The Court also set a hearing on disbursement of the funds for October 22, 2019. At the hearing, due to Defendants Peppard and Simon appearing in pro per, the Court continued the matter to February 20, 2020 and ordered them to file written claims. Defendant Peppard filed a claim on October 22, 2019 and Defendant Simon filed a claim on November 25, 2019.

The Court finds that Defendants Peppard and Simon 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 Peppard and Simon claim damages in excess of the amount deposited and their claims must be tried. The hearing on disbursement of funds is PLACED OFF CALENDAR. Accordingly, the matter remains set for trial on June 12, 2020 at 8:30 am in Department 26 in the Spring Street Courthouse.

Court clerk to give notice.