WESTERN SURETY COMPANY, A CORPORATION VS BCA CONSTRUCTION, INC., A CORPORATION, ET AL.
Case Summary
On 05/22/2020 WESTERN SURETY COMPANY, A CORPORATION filed a Contract - Other Contract lawsuit against BCA CONSTRUCTION, 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 JAMES E. BLANCARTE. The case status is Pending - Other Pending.
Case Details
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Case Number:
*******4406
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Filing Date:
05/22/2020
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Case Status:
Pending - Other Pending
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Court:
Los Angeles County Superior Courts
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Courthouse:
Spring Street Courthouse
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County, State:
Los Angeles, California
Judge Details
Judge
JAMES E. BLANCARTE
Party Details
Plaintiff
WESTERN SURETY COMPANY A CORPORATION
Defendants
BCA CONSTRUCTION INC. A CORPORATION
SETTJI CLARA
BHATT RAKESH
HALILI ALMIR
CHANBONPIN JEAN PIERRE
Attorney/Law Firm Details
Plaintiff Attorney
PAGAN JOHN
Court Documents
4/9/2021: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)
2/3/2021: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)
2/26/2021: Affidavit (name extension) - Affidavit of Reasonable Diligence
3/16/2021: Minute Order - Minute Order (Hearing on Motion - Other to Deposit by Stakeholder)
3/17/2021: Notice (name extension) - Notice of Continued Hearing on Motion to Deposit
9/1/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities
9/1/2020: Motion re: (name extension) - Motion re: to Deposit by Stakeholder
8/12/2020: Answer - Answer
8/12/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
8/4/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
8/4/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
6/26/2020: Answer - Answer
6/17/2020: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)
6/17/2020: Proof of Personal Service - Proof of Personal Service
5/22/2020: Civil Case Cover Sheet - Civil Case Cover Sheet
5/22/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
5/22/2020: Summons - Summons on Complaint
5/22/2020: Complaint - Complaint
Docket Entries
- 05/26/2023
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Hearing05/26/2023 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
- 11/19/2021
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Hearing11/19/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
- 05/18/2021
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Hearing05/18/2021 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion - Other (name extension)
- 04/09/2021
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DocketProof of Mailing (Substituted Service); Filed by: Western Surety Company, a corporation (Plaintiff); As to: Jean Pierre Chanbonpin (Defendant); Mailing Date: 03/18/2021; Service Cost: 65.00; Cost Waived: No
- 03/17/2021
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DocketNotice of Continued Hearing on Motion to Deposit; Filed by: Western Surety Company, a corporation (Plaintiff)
- 03/16/2021
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DocketHearing on Motion - Other to Deposit by Stakeholder scheduled for 05/18/2021 at 10:00 AM in Spring Street Courthouse at Department 25
- 03/16/2021
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DocketMinute Order (Hearing on Motion - Other to Deposit by Stakeholder)
- 03/16/2021
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DocketOn the Court's own motion, Hearing on Motion - Other to Deposit by Stakeholder scheduled for 03/16/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 05/18/2021 10:00 AM
- 02/26/2021
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DocketAffidavit of Reasonable Diligence; Filed by: Western Surety Company, a corporation (Plaintiff)
- 02/03/2021
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DocketAmendment to Complaint (Fictitious/Incorrect Name); Filed by: Western Surety Company, a corporation (Plaintiff); As to: Jean Pierre Chanbonpin (Defendant)
- 06/17/2020
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DocketProof of Mailing (Substituted Service); Filed by: Western Surety Company, a corporation (Plaintiff); As to: Clara Settji (Defendant); Mailing Date: 06/08/2020; Service Cost: 65.00; Cost Waived: No
- 06/17/2020
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DocketProof of Personal Service; Filed by: Western Surety Company, a corporation (Plaintiff); As to: BCA Construction, Inc., a corporation (Defendant); Service Date: 06/06/2020; Service Cost: 65.00; Service Cost Waived: No
- 05/22/2020
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DocketNon-Jury Trial scheduled for 11/19/2021 at 08:30 AM in Spring Street Courthouse at Department 25
- 05/22/2020
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DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/26/2023 at 08:30 AM in Spring Street Courthouse at Department 25
- 05/22/2020
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DocketComplaint; Filed by: Western Surety Company, a corporation (Plaintiff); As to: BCA Construction, Inc., a corporation (Defendant); Almir Halili (Defendant); Rakesh Bhatt (Defendant) et al.
- 05/22/2020
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DocketSummons on Complaint; Issued and Filed by: Western Surety Company, a corporation (Plaintiff); As to: BCA Construction, Inc., a corporation (Defendant); Almir Halili (Defendant); Rakesh Bhatt (Defendant) et al.
- 05/22/2020
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DocketCivil Case Cover Sheet; Filed by: Western Surety Company, a corporation (Plaintiff); As to: BCA Construction, Inc., a corporation (Defendant); Almir Halili (Defendant); Rakesh Bhatt (Defendant) et al.
- 05/22/2020
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DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
- 05/22/2020
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DocketFirst Amended Standing Order; Filed by: Clerk
- 05/22/2020
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DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse
Tentative Rulings
Case Number: 20STLC04406 Hearing Date: March 16, 2021 Dept: 25
HEARING DATE: Tue., March 16, 2021 JUDGE /DEPT: Blancarte/25
CASE NAME: Western Surety Company v. BCA Construction, Inc., et al.
CASE NUMBER: 20STLC04406 COMPL. FILED: 05-22-20
NOTICE: NO (¿ Chanbonpin) DISC. C/O: 10-20-21
DISC. MOT. C/O: 11-04-21
TRIAL DATE: 11-19-21
PROCEEDINGS: MOTION TO DEPOSIT BY STAKEHOLDER; FOR DISCHARGE OF STAKEHOLDER; REQUEST FOR ATTORNEY’S FEES
MOVING PARTY: Plaintiff Western Surety Company
RESP. PARTY: None
MOTION TO DEPOSIT BY STAKEHOLDER, TO DISCHARGE LIABILITY, AND REQUEST FOR ATTORNEY’S FEES
(CCP §§ 386, 386.5)
TENTATIVE RULING:
Plaintiff Western Surety Company’s Motion is CONTINUED TO MAY 18, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least five (5) days before the next scheduled hearing, Plaintiff must file a proof of service demonstrating Defendant Chanbonpin was properly served with the Summons and Complaint and with this Motion. Failure to do so may result in the Motion being placed off calendar or denied.
SERVICE:
[ ] Proof of Service Timely Filed (CRC, rule 3.1300) NO (¿ Chanbonpin)
[ ] Correct Address (CCP §§ 1013, 1013a) NO (¿ Chanbonpin)
[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO (¿ Chanbonpin)
OPPOSITION: None filed as of March 12, 2021 [ ] Late [X] None
REPLY: None filed as of March 12, 2021 [ ] Late [X] None
ANALYSIS:
Background & Discussion
On May 22, 2020, Plaintiff Western Surety Company (“Plaintiff”) filed a complaint for interpleader against Defendants BCA Construction, Inc. (“BCA”), Almir Halili (“Halili”), Rakesh Bhatt (“Bhatt”), and Clara Settji (“Settji”). An Answer was filed by Defendant Halili on June 26, 2020 and by Defendant Settji on July 1, 2020. Default was entered against Defendant Bhatt on August 5, 2020 and against Defendant BCA on August 12, 2020.
Plaintiff filed the instant Motion to Deposit by Stakeholder, for Discharge of Stakeholder, and Request for Attorney’s Fees (the “Motion”) on September 1, 2020. No oppositions were filed.
On February 3, 2021, Plaintiff filed an amendment to the Complaint, substituting Defendant Jean Pierre Chanbonpin (“Chanbonpin”) for Doe 6. Plaintiff has attempted to serve Defendant Chanbonpin but has not been able to do so. (2/26/21 Affidavit of Reasonable Diligence.)
As the court cannot issue a ruling until all defendants have been served with the Summons and Complaint and with the instant Motion, the hearing is CONTINUED to allow Plaintiff time to effectuate service on Defendant Chanbonpin.
Conclusion & Order
For the foregoing reasons, Plaintiff Western Surety Company’s Motion is CONTINUED TO MAY 18, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least five (5) days before the next scheduled hearing, Plaintiff must file a proof of service demonstrating Defendant Chanbonpin was properly served with the Summons and Complaint and with this Motion. Failure to do so may result in the Motion being placed off calendar or denied.
Moving party is ordered to give notice.
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