This case was last updated from Los Angeles County Superior Courts on 07/01/2020 at 02:43:50 (UTC).

WESTERN NATIONAL MUTUAL INSURANCE COMPANY, A CORPORATION VS FRANCIS DAVID MANCINI, ET AL.

Case Summary

On 10/21/2019 WESTERN NATIONAL MUTUAL INSURANCE COMPANY, A CORPORATION filed a Contract - Other Contract lawsuit against FRANCIS DAVID MANCINI. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9728

  • Filing Date:

    10/21/2019

  • 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

JAMES E. BLANCARTE

 

Party Details

Plaintiff

WESTERN NATIONAL MUTUAL INSURANCE COMPANY A CORPORATION

Defendants

WAGNER BILLY

NORTHCRAFT HEATHER

MANCINI FRANCIS DAVID DBA MANCINI CONTRACTING

Attorney/Law Firm Details

Plaintiff Attorney

PAGAN JOHN

Defendant Attorney

GEORGE BRENT D

 

Court Documents

Minute Order - Minute Order (Hearing on Motion - Other to deposit by stakeholder)

6/29/2020: Minute Order - Minute Order (Hearing on Motion - Other to deposit by stakeholder)

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

4/16/2020: Notice (name extension) - Notice Amended Notice of Motion to Deposit by Stakeholder

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

1/14/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

1/14/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Memorandum of Points & Authorities - Memorandum of Points & Authorities

1/17/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

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

1/17/2020: Motion re: (name extension) - Motion re: to Deposit by Stakeholder

Proof of Service by Mail - Proof of Service by Mail

12/31/2019: Proof of Service by Mail - Proof of Service by Mail

Answer - Answer

12/27/2019: Answer - Answer

Answer - Answer

12/10/2019: Answer - Answer

Answer - Answer

12/13/2019: Answer - Answer

Proof of Personal Service - Proof of Personal Service

11/14/2019: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

11/14/2019: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

11/21/2019: Proof of Personal Service - Proof of Personal Service

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

10/21/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Summons - Summons on Complaint

10/21/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

10/21/2019: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

10/21/2019: Complaint - Complaint

7 More Documents Available

 

Docket Entries

  • 10/24/2022
  • Hearing10/24/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 04/19/2021
  • Hearing04/19/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 06/29/2020
  • DocketMinute Order (Hearing on Motion - Other to deposit by stakeholder)

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  • 06/29/2020
  • DocketHearing on Motion - Other to deposit by stakeholder scheduled for 06/29/2020 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 06/29/2020; Result Type to Held - Motion Granted

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  • 04/16/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/16/2020
  • DocketNotice Amended Notice of Motion to Deposit by Stakeholder; Filed by: Western National Mutual Insurance Company, a corporation (Plaintiff)

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  • 04/16/2020
  • DocketReset - Court Unavailable, Hearing on Motion - Other to deposit by stakeholder scheduled for 04/27/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 06/29/2020 10:00 AM

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  • 01/22/2020
  • DocketHearing on Motion - Other to deposit by stakeholder scheduled for 04/27/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 01/22/2020
  • DocketHearing on Motion - Other to Deposit by Stakeholder scheduled for 04/27/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/17/2020
  • DocketMotion re: to Deposit by Stakeholder; Filed by: Western National Mutual Insurance Company, a corporation (Plaintiff)

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8 More Docket Entries
  • 11/14/2019
  • DocketProof of Personal Service; Filed by: Western National Mutual Insurance Company, a corporation (Plaintiff); As to: Heather Northcraft (Defendant); Service Date: 10/30/2019; Service Cost: 65.00; Service Cost Waived: No

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  • 11/14/2019
  • DocketProof of Personal Service; Filed by: Western National Mutual Insurance Company, a corporation (Plaintiff); As to: Francis David Mancini (Defendant); Service Date: 10/31/2019; Service Cost: 65.00; Service Cost Waived: No

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  • 10/22/2019
  • DocketNon-Jury Trial scheduled for 04/19/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/22/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/24/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/22/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 10/21/2019
  • DocketComplaint; Filed by: Western National Mutual Insurance Company, a corporation (Plaintiff); As to: Francis David Mancini (Defendant); Billy Wagner (Defendant); Heather Northcraft (Defendant)

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  • 10/21/2019
  • DocketSummons on Complaint; Issued and Filed by: Western National Mutual Insurance Company, a corporation (Plaintiff); As to: Francis David Mancini (Defendant); Billy Wagner (Defendant); Heather Northcraft (Defendant)

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  • 10/21/2019
  • DocketCivil Case Cover Sheet; Filed by: Western National Mutual Insurance Company, a corporation (Plaintiff); As to: Francis David Mancini (Defendant); Billy Wagner (Defendant); Heather Northcraft (Defendant)

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  • 10/21/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/21/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC09728    Hearing Date: June 29, 2020    Dept: 25

MOTION TO DEPOSIT BY STAKEHOLDER, FOR DISCHARGE, AND FOR ATTORNEY’S FEES

(CCP §§ 386, 386.5)

TENTATIVE RULING:

Plaintiff Western National Mutual Insurance Company’s Motion to Deposit by Stakeholder and for Discharge is GRANTED. Plaintiff’s request for attorney’s fees and costs is also GRANTED in the amount of $2,500.00. Interpleader funds of $12,500.00 are to be deposited within ten (10) days of receipt of this order.

Trial remains scheduled for April 19, 2021 at 8:30 a.m. in Department 25.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of June 23, 2020 [ ] Late [X] None

REPLY: None filed as of June 23, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On October 21, 2019, Plaintiff Western National Mutual Insurance Company (“Plaintiff”) filed an action for indemnity, reimbursement, and interpleader against Defendants Francis David Mancini individually and dba Mancini Contracting (“Mancini”), Billy Wagner (“Wagner”), and Heather Northcraft (“Northcraft”). An Answer was filed by Defendant Wagner on December 10, 2019, by Defendant Northcraft on December 13, 2019, and by Defendant Mancini and dba Mancini Contracting on December 27, 2019.

On January 17, 2020, Plaintiff filed the instant Motion to Deposit by Stakeholder, for Discharge of Stakeholder, and Request for Attorney’s Fees (the “Motion”). To date, no opposition has been filed.

  1. 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 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 a 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 v. Brown, 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.)

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. (Code Civ. Proc., §§ 386, subd. (a), 386.5.) The motion must be supported by an affidavit by the stakeholder establishing the ground for interpleader. (Code Civ. Proc., § 386, Subd. (a).) The supporting affidavit must also state that the moving party is “a mere stakeholder with no interest in the amount or any portion thereof and that conflicting demands have been made upon him for the amount by parties to the action…” (Code Civ. Proc., § 386.5.) Notice of the motion must be served on each of the adverse claimants to the funds or property. (Code Civ. Proc., §§ 386, subd. (a), 386.5.) “Where a deposit has been made pursuant to Section 386, the court shall, upon the application of any party to the action, order such deposit to be invested in an insured interest-bearing account.” (Code Civ. Proc., § 386.1.)

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. (Code Civ. Proc., § 386.6.)

  1. Discussion

Plaintiff’s request to be discharged from liability is GRANTED. All claimants have been served with the Summons and Complaint, and each has filed an answer. The subject matter of this action is a $15,000 contractor’s bond. (Mot., Pagan Decl., ¶ 2.) Plaintiff states that it has no interest in the proceeds, and that it cannot determine the validity of the conflicting demands that have been made as to the funds. (Id. at ¶ 8.) Thus, upon deposit of the funds with the Court, Plaintiff is discharged from further liability. In addition, the Court enters a restraining order to prevent the prosecution of other actions affecting the rights and obligations as between the parties in the interpleader. (Code Civ. Proc., §§ 386, 386.5.)

Furthermore, the fees and costs sought by Plaintiff are reasonable. Plaintiff’s counsel has expended substantial attorney’s fees and costs in bringing this action and protecting itself from liability. Specifically, Plaintiff’s counsel filed the instant action and Motion, served all Defendants, will deposit the bond, and sought to preserve the surplus funds. (Id. at ¶¶ 6, 7, 10, Exh. 1.) Therefore, fees and costs are awarded in the amount of $2,500. (Id. at ¶ 10.) Plaintiff is to deposit funds of $12,500.00 within ten (10) days of receipt of this order.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Western National Mutual Insurance Company’s Motion to Deposit by Stakeholder and for Discharge is GRANTED. Plaintiff’s request for attorney’s fees and costs is also GRANTED in the amount of $2,500.00. Interpleader funds of $12,500.00 are to be deposited within ten (10) days of receipt of this order.

Trial remains scheduled for April 19, 2021 at 8:30 a.m. in Department 25.

Moving party is ordered to give notice.