This case was last updated from Los Angeles County Superior Courts on 05/30/2020 at 00:16:46 (UTC).

WESCO INSURANCE COMPANY, VS AL'S IRON WORKS, INC.,, ET AL.

Case Summary

On 11/29/2018 WESCO INSURANCE COMPANY filed a Contract - Other Contract lawsuit against AL'S IRON WORKS, INC . 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4364

  • Filing Date:

    11/29/2018

  • Case Status:

    Other

  • 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

Defendants

AL'S IRON WORKS INC.

HHR INC. DBA HARBOR EQUIPMENT RENTALS A CORPORATION

SARKISSIAN ALFRED

BROWN STRAUSS INC.

CREST STEEL CORPORATION

WONG [DOE 21] SUSAN

PRECISION APPAREL MANUFACTURING LLC A LIMITED LIABILITY COMPANY DOE 22

LA RETROFIT INC. A CORPORATION DOE 23

Attorney/Law Firm Details

Plaintiff Attorney

PAGAN JOHN MICHAEL

Defendant Attorneys

STAROBA SAMANTHA RYAN

APANIAN MILENE

 

Court Documents

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

9/25/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Notice (name extension) - Notice of Continuance of Motion to Deposit by Stakeholder

10/16/2019: Notice (name extension) - Notice of Continuance of Motion to Deposit by Stakeholder

Minute Order - Minute Order (Nunc Pro Tunc Order)

12/18/2019: Minute Order - Minute Order (Nunc Pro Tunc Order)

Certificate of Mailing for - Certificate of Mailing for (Nunc Pro Tunc Order) of 12/18/2019

12/18/2019: Certificate of Mailing for - Certificate of Mailing for (Nunc Pro Tunc Order) of 12/18/2019

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion - Other Deposit by Stakeholder) of 12/18/2019

12/18/2019: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion - Other Deposit by Stakeholder) of 12/18/2019

Request for Dismissal - Request for Dismissal

1/16/2020: Request for Dismissal - Request for Dismissal

Request for Dismissal - Request for Dismissal

5/13/2020: Request for Dismissal - Request for Dismissal

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

8/28/2019: Minute Order - Minute Order (Hearing on Motion - Other Deposit by Stakeholder)

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

8/2/2019: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

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

5/21/2019: Motion re: (name extension) - Motion re: Deposit by Stakeholder

Answer - Answer

3/22/2019: Answer - Answer

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

3/7/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

3/15/2019: Proof of Personal Service - Proof of Personal Service

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

2/26/2019: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

Proof of Personal Service - Proof of Personal Service

2/26/2019: Proof of Personal Service - Proof of Personal Service

Notice (name extension) - Notice Notice of Errate

1/10/2019: Notice (name extension) - Notice Notice of Errate

Proof of Personal Service - Proof of Personal Service

1/16/2019: Proof of Personal Service - Proof of Personal Service

First Amended Standing Order - First Amended Standing Order

11/29/2018: First Amended Standing Order - First Amended Standing Order

31 More Documents Available

 

Docket Entries

  • 05/14/2020
  • DocketOrder to Show Cause Re: Entry of Default Judgment/Dismissal scheduled for 09/11/2020 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 05/14/2020

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  • 05/13/2020
  • DocketOn the Complaint filed by Wesco Insurance Company, on 11/29/2018, entered Request for Dismissal without prejudice filed by Wesco Insurance Company, as to Brown Strauss, Inc.,, Crest Steel Corporation,, HHR, Inc., LA RETROFIT, INC., a corporation (DOE 23), PRECISION APPAREL MANUFACTURING, LLC, a limited liability company, (DOE 22), and Susan Wong [DOE 21]

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  • 05/13/2020
  • DocketAddress for John Michael Pagan (Attorney) updated

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  • 04/30/2020
  • DocketStipulation and Order for Distribution of Interpleader Funds Deposited with the Court; Filed by: Crest Steel Corporation, (Defendant)

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  • 04/30/2020
  • DocketUpdated -- Stipulation and Order for Distribution of Interpleader Funds Deposited with the Court: Status changed from Filed to Signed and Filed

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  • 04/30/2020
  • DocketOrder to Show Cause Re: Entry of Default Judgment/Dismissal scheduled for 09/11/2020 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 04/30/2020
  • DocketMinute Order (Court Order re: Stipulation and Order for Distribution of Int...)

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  • 04/30/2020
  • DocketCertificate of Mailing for (Court Order re: Stipulation and Order for Distribution of Int...) of 04/30/2020; Filed by: Clerk

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  • 04/30/2020
  • DocketOn the Court's own motion, Non-Jury Trial and Disbursement Hearing scheduled for 05/28/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 04/30/2020

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  • 04/30/2020
  • DocketOn the Court's own motion, Order to Show Cause Re: Failure to File Proof of Service scheduled for 12/02/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 04/30/2020

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43 More Docket Entries
  • 01/10/2019
  • DocketNotice Notice of Errate; Filed by: Wesco Insurance Company, (Plaintiff); As to: Wesco Insurance Company, (Plaintiff)

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  • 12/28/2018
  • DocketAmendment to Complaint (Fictitious/Incorrect Name); Filed by: Wesco Insurance Company, (Plaintiff); As to: Wesco Insurance Company, (Plaintiff); Brown Strauss, Inc., (Defendant)

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  • 11/29/2018
  • DocketComplaint; Filed by: Wesco Insurance Company, (Plaintiff); As to: Al's Iron Works, Inc., (Defendant); Alfred Sarkissian (Defendant); Brown Strauss, Inc., (Defendant) et al.

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  • 11/29/2018
  • DocketCivil Case Cover Sheet; Filed by: Wesco Insurance Company, (Plaintiff)

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  • 11/29/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 11/29/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/29/2018
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 11/29/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 11/29/2018
  • DocketNon-Jury Trial scheduled for 05/28/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/29/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/02/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC14364    Hearing Date: December 18, 2019    Dept: 94

TENTATIVE RULING:

Plaintiff Wesco Insurance Company’s Motion to Deposit by Stakeholder, for Discharge of Stakeholder, and for Attorney’s Fees is GRANTED. INTERPLEADER FUNDS OF $13,000.00 TO BE DEPOSITED WITH TEN (30) DAYS.

ANALYSIS:

On November 29, 2018, Plaintiff Wesco Insurance Company (“Plaintiff”) filed this interpleader action against Defendants Al’s Iron Works, Inc. (“AIW”), Brown Strauss, Inc. (“Brown Strauss”), Crest Steel Corp. (“Crest Steel”), HHR, Inc. dba Harbor Equipment Rentals (“HHR”). Plaintiff then filed three Amendments to the Complaint to name Doe 21, 22, and 23 as Susan Wong, Precision Apparel Manufacturing, LLC, and La Retrofit, Inc. (“La Retrofit”), respectively. Plaintiff also dismissed former Defendant Alfred Sarkissian from this action on January 28, 2019.

On May 21, 2019, Plaintiff filed the instant Motion to Deposit by Stakeholder, for Discharge of Stakeholder, and for Attorney’s Fees (the “Motion”). At the initial hearing the Court found could not consider the Motion given the lack of service of the Summons, Complaint, and Motion on La Retrofit. The Court ordered the hearing continued and for Plaintiff to properly serve the Summons, Complaint, and Motion on La Retrofit and to provide proofs of service of the same at least 16 court days before the new hearing date.

On September 12, 2019, Plaintiff filed proof of substitute service as to La Retrofit. Following La Retrofit’s failure to file a responsive pleading, the Court entered its default on October 16, 2019.

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 CA4th 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 CA4th 857, 874; City of Morgan Hill v. Brown, supra, 71 CA4th 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 CA4th 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. [CCP §§ 386(a), 386.5.] The motion must be supported by an affidavit by the stakeholder establishing the ground for interpleader. [CCP §§ 386(a), 386.5.] Notice of the motion must be served on each of the adverse claimants to the funds or property. [CCP §§ 386(a), 386.5.] (Those who are not parties to the action will have to be served personally.)

The stakeholder may seek reimbursement for its costs and reasonable attorneys’ fees incurred. [UAP-Columbus JV 326132 v. Nesbitt (1991) 234 CA3d 1028, 1036.] The court may (discretionary) order payment thereof out of the funds deposited by the stakeholder. (Ultimately, such payment may be charged to one or more of the adverse claimants in the final judgment.) [CCP § 386.6.]

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, 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, Sosa Decl., ¶¶4-8 and Exh. 2.) 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, Sosa Decl., ¶10 and Exh. 1.) Therefore, fees and costs are awarded in the amount of $2,000.00. (Ibid.) Plaintiff is to deposit the funds of $13,000.00 within 10 days of receipt of this order.

Plaintiff Wesco Insurance Company’s Motion to Deposit by Stakeholder and for Discharge of Stakeholder is GRANTED AS TO THE FIRST CAUSE OF ACTION FOR INTERPLEADER. INTERPLEADER FUNDS OF $13,000.00 TO BE DEPOSITED WITH TEN (30) DAYS.

Trial date remains scheduled for May 28, 2020 at 8:30 am in Department 94.

Moving party to give notice.