This case was last updated from Los Angeles County Superior Courts on 10/02/2021 at 01:14:48 (UTC).

WESTERN SURETY COMPANY, A CORPORATION VS I & D REMODELING INC., ET AL.

Case Summary

On 02/04/2020 WESTERN SURETY COMPANY, A CORPORATION filed a Contract - Other Contract lawsuit against I D REMODELING 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 JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1110

  • Filing Date:

    02/04/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

WESTERN SURETY COMPANY A CORPORATION

Defendants

I & D REMODELING INC. DBA GENESIS PRO BUILDERS A CORPORATION

PRIME BUILDING MATERIALS INC. A CORPORATION

JABS POOLS AND SPAS LLC A LIMITED LIABILITY COMPANY

GAMBOA SARA

RENOVATING SPECIALIST INC. DBA SIVAN WINDOWS AND DOORS A CORPORATION

ENERGY HVAC SERVICES INC.

KONYSKY KELLIE

LOMELI MARTIN

THE RIGHT CHOICE HEATING AND AIR INC. A CORPORATION

HAINLEY JULIA

Attorney/Law Firm Details

Plaintiff Attorney

SOSA CARLOS

 

Court Documents

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

8/23/2021: Minute Order - Minute Order (Hearing on Motion - Other Motion to Deposit by Stakeholder; N...)

Notice (name extension) - Notice of Continuance of Non-Jury Trial

8/4/2021: Notice (name extension) - Notice of Continuance of Non-Jury Trial

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

10/28/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

4/7/2021: Motion re: (name extension) - Motion re: to Deposit By Stakeholder

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

7/21/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Minute Order - Minute Order (Non-Jury Trial)

8/3/2021: Minute Order - Minute Order (Non-Jury Trial)

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

5/20/2020: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

Proof of Service by Mail - Proof of Service by Mail

5/20/2020: Proof of Service by Mail - Proof of Service by Mail

Request for Dismissal - Request for Dismissal

5/7/2020: Request for Dismissal - Request for Dismissal

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

4/2/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

4/2/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Affidavit (name extension) - Affidavit Of Reasonable Diligence

3/10/2020: Affidavit (name extension) - Affidavit Of Reasonable Diligence

Proof of Service by Substituted Service - Proof of Service by Substituted Service

2/28/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Affidavit (name extension) - Affidavit of Reasonable Diligence

2/28/2020: Affidavit (name extension) - Affidavit of Reasonable Diligence

Request for Dismissal - Request for Dismissal

2/24/2020: Request for Dismissal - Request for Dismissal

Request for Dismissal - Request for Dismissal

2/10/2020: Request for Dismissal - Request for Dismissal

Summons - Summons on Complaint

2/4/2020: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

2/4/2020: First Amended Standing Order - First Amended Standing Order

26 More Documents Available

 

Docket Entries

  • 02/07/2023
  • Hearing02/07/2023 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

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  • 11/01/2021
  • Hearing11/01/2021 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 08/25/2021
  • DocketNotice of Ruling on Motion to Deposit and NOtice of Hearing; Filed by: Western Surety Company, a corporation (Plaintiff)

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  • 08/23/2021
  • DocketOrder to Show Cause Re: Disbursement of Funds scheduled for 11/01/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 08/23/2021
  • DocketMinute Order (Hearing on Motion - Other Motion to Deposit by Stakeholder; N...)

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  • 08/23/2021
  • DocketHearing on Motion - Other Motion to Deposit by Stakeholder scheduled for 08/23/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/23/2021; Result Type to Held - Motion Granted

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  • 08/23/2021
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 08/23/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Vacated on 08/23/2021

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  • 08/04/2021
  • DocketNotice of Continuance of Non-Jury Trial; Filed by: Western Surety Company, a corporation (Plaintiff)

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  • 08/03/2021
  • DocketNon-Jury Trial scheduled for 08/23/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 08/03/2021
  • DocketMinute Order (Non-Jury Trial)

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41 More Docket Entries
  • 02/10/2020
  • DocketRequest for Dismissal; Filed by: Western Surety Company, a corporation (Plaintiff); As to: Prime Building Materials, Inc., a corporation (Defendant)

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  • 02/10/2020
  • DocketOn the Complaint filed by Western Surety Company, a corporation on 02/04/2020, entered Request for Dismissal without prejudice filed by Western Surety Company, a corporation as to Prime Building Materials, Inc., a corporation

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  • 02/05/2020
  • DocketNon-Jury Trial scheduled for 08/03/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 02/05/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/07/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 02/05/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 02/04/2020
  • DocketComplaint; Filed by: Western Surety Company, a corporation (Plaintiff); As to: I & D Remodeling Inc. (Defendant); Sara Gamboa (Defendant); JABS Pools and Spas, LLC, a limited liability company (Defendant) et al.

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  • 02/04/2020
  • DocketSummons on Complaint; Issued and Filed by: Western Surety Company, a corporation (Plaintiff); As to: I & D Remodeling Inc. (Defendant); Sara Gamboa (Defendant); JABS Pools and Spas, LLC, a limited liability company (Defendant) et al.

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  • 02/04/2020
  • DocketCivil Case Cover Sheet; Filed by: Western Surety Company, a corporation (Plaintiff); As to: I & D Remodeling Inc. (Defendant); Sara Gamboa (Defendant); JABS Pools and Spas, LLC, a limited liability company (Defendant) et al.

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  • 02/04/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/04/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

b"

Case Number: 20STLC01110 Hearing Date: August 23, 2021 Dept: 25

PROCEEDINGS: MOTION\r\nTO DEPOSIT BY STAKEHOLDER; FOR DISCHARGE OF STAKEHOLDER; REQUEST FOR ATTORNEY’S\r\nFEES

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MOVING PARTY: Plaintiff\r\nWestern Surety Company

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RESP. PARTY: None

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MOTION TO DEPOSIT BY STAKEHOLDER, TO DISCHARGE\r\nLIABILITY, AND REQUEST FOR ATTORNEY’S FEES

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(CCP §§ 386, 386.5)

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TENTATIVE RULING:

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Plaintiff Western Surety Company’s\r\nMotion for Discharge is GRANTED. Plaintiff’s request for attorney’s fees and\r\ncosts of $3,000.00 is also GRANTED. Interpleader funds of $12,000.00 are to be\r\ndeposited with the Court within ten (10) days of this order.

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SERVICE: \r\n

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[X]\r\nProof of Service Timely Filed (CRC, rule 3.1300) OK

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[X]\r\nCorrect Address (CCP §§ 1013, 1013a) OK

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[X]\r\n16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

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OPPOSITION: None filed as of August 19,\r\n2021 [ ] Late [X]\r\nNone

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REPLY: None filed as\r\nof August 19, 2021 [ ] Late [X] None

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ANALYSIS:

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I. \r\nBackground\r\n

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On February 4, 2020, Plaintiff Western Surety Company\r\n(“Plaintiff”) filed an action against Defendants I&D Remodeling, Inc. dba\r\nGenesis Pro Builders (“I&D Remodeling”), Sara Gamboa (“Gamboa”), Jabs Pools\r\nand Spas, LLC (“Jabs”), Prime Building Materials, Inc. (“Prime Building”), and\r\nRenovating Specialists, Inc. dba Sivan Windows and Doors (“Renovating\r\nSpecialists”).

\r\n\r\n

\r\n\r\n

Dismissal was entered as to Defendant Prime on February\r\n13, 2020, as to Defendant Jabs on February 26, 2020, and as to Defendant\r\nI&D on March 13, 2020.

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Default was entered as to Defendants Gamboa and\r\nRenovating Specialists on April 2, 2020. Defendant Gamboa was thereafter\r\ndismissed on May 15, 2020.

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Plaintiff filed amendments to the Complaint, substituting\r\nDefendant Energy HVAC Services, Inc. (“Energy HVAC”) for Doe 6 on April 23,\r\n2020 and substituting Defendant Kellie Konysky (“Konysky”) for Doe 7 on May 7,\r\n2020. Defendant Energy HVAC was dismissed from this action on May 15, 2020.

\r\n\r\n

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Plaintiff filed further amendments to the Complaint on\r\nMay 20, 2020 substituting Defendant The Right Choice Heating and Air, Inc.\r\n(“The Right Choice”) for Doe 8 and Defendant Martin Lomeli (“Lomeli”) for Doe\r\n9.

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Defendant Konysky filed an Answer, in pro per, on June 4,\r\n2020.

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On June 16, 2020, Defendant The Right Choice was\r\ndismissed. Default against Defendant Lomeli was entered on October 28, 2020.

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Plaintiff filed an amendment to the Complaint on March 3\r\nsubstituting Defendant Julia Hainley (“Hainley”) for Doe 10. Default was\r\nentered as to Defendant Hainley on July 21, 2021.

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\r\n\r\n

On April 7, 2021, Plaintiff filed the instant Motion to\r\nDeposit by Stakeholder, for Discharge of Stakeholder, and Request for\r\nAttorney’s Fees (the “Motion”). No opposition was filed.

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II. \r\nLegal\r\nStandard

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Interpleader is a procedure whereby a person holding\r\nmoney or personal property to which conflicting claims are being made by others,\r\ncan join the adverse claimants and force them to litigate their claims among\r\nthemselves. (For example, an escrow-holder who receives conflicting demands\r\nfrom the parties to the escrow regarding the funds or documents he or she\r\nholds.) (Hancock Oil Co. v. Hopkins (1944) 24 C2d 497, 508; City of Morgan Hill v. Brown (1999) 71\r\nCal.App.4th 1114, 1122.)

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Once the stakeholder’s right to\r\ninterplead is established, and he or she deposits the money or personal\r\nproperty in court, he or she may be discharged from liability to any of the\r\nclaimants. This enables the stakeholder to avoid a multiplicity of actions, and\r\nthe risk of inconsistent results if each of the claimants were to sue him or\r\nher separately. (Cantu v. Resolution\r\nTrust Corp. (1992) 4 Cal.App.4th 857, 874; City of Morgan Hill v. Brown, supra, 71 Cal.App.4th at\r\n1122.)

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\r\n\r\n

“An interpleader action is traditionally viewed as two\r\nsuits: one between the stakeholder and the claimants to determine the\r\nstakeholder's right to interplead, and the other among the claimants to\r\ndetermine who shall receive the funds interpleaded ... As against the\r\nstakeholder, claimants may raise only matters which go to whether the suit is\r\nproperly one for interpleader; i.e., whether the elements of an interpleader\r\naction are present.” (State Farm Fire\r\n& Cas. Co. v. Pietak (2001) 90 Cal.App.4th 600, 612.)

\r\n\r\n

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If the defendant-stakeholder claims no interest in the\r\nfunds or property held, he or she need not file an interpleader\r\ncross-complaint. He or she may simply\r\napply to the court for permission to deposit the money or property with the\r\ncourt clerk, and for an order discharging him or her from further liability to\r\nthe adverse claimants. Such order will\r\nalso substitute the adverse claimants as parties to the action; or, if only\r\nmoney is involved, simply dismiss the stakeholder. (Code Civ. Proc., §§ 386, subd. (a), 386.5.)\r\nThe motion must be supported by an affidavit by the stakeholder establishing\r\nthe ground for interpleader. (Code Civ. Proc., § 386, Subd. (a).) The supporting affidavit must also\r\nstate that the moving party is “a mere stakeholder with no interest in the\r\namount or any portion thereof and that conflicting demands have been made upon\r\nhim for the amount by parties to the action…” (Code Civ. Proc., § 386.5.)\r\nNotice of the motion must be served on each of the adverse claimants to the\r\nfunds or property. (Code Civ. Proc., §§ 386, subd. (a), 386.5.) “Where a\r\ndeposit has been made pursuant to Section 386, the court shall, upon the\r\napplication of any party to the action, order such deposit to be invested in an\r\ninsured interest-bearing account.” (Code Civ. Proc., § 386.1.)

\r\n\r\n

\r\n\r\n

The stakeholder may seek reimbursement for its costs and\r\nreasonable attorneys’ fees incurred. (UAP-Columbus JV 326132 v. Nesbitt (1991)\r\n234 Cal.App.3d 1028, 1036.) The court may order payment thereof out of the\r\nfunds deposited by the stakeholder. (Code Civ. Proc., § 386.6.)

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III. \r\nDiscussion\r\n

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Here, all potential claimants have been served with the\r\nSummons and Complaint and have either been dismissed, filed an answer, or have\r\ndefaulted. The subject matter of this action is a $15,000.00 contractor’s\r\nlicense bond, Bond No. 64675088, issued to Defendant I&D Remodeling. (Mot.,\r\np. 2, ¶ 1, Sosa Decl., ¶ 2.) Plaintiff states that it has no interest in the\r\nproceeds and that it cannot determine the validity of the conflicting claims\r\nthat have been made on the funds. (Id at pp. 2-3, ¶ 5; Sosa Decl., ¶ 8.)\r\nThus, upon deposit of the funds with the Court, Plaintiff is discharged from\r\nfurther liability. (Code Civ. Proc., § 386.5.) The Court also enters a\r\nrestraining order to prevent the prosecution of other actions affecting the\r\nrights and obligations as between the parties in this interpleader action.\r\n(Code Civ. Proc., § 386, subd. (f).)

\r\n\r\n

\r\n\r\n

Plaintiff seeks attorney’s fees and costs of $3,000.00.\r\n(Mot., p. 2., ¶ 5, Sosa Decl., ¶¶ 6, 7, 10, Exh. 1.) The attached billing\r\nstatements demonstrate that Plaintiff has incurred substantial attorney’s fees\r\nand costs in filing this action, serving all potential claimants, communicating\r\nwith potential claimants regarding the interpleader procedure and their\r\npossible claims, and seeking to preserve the bond funds. (Id.) Between February 29,\r\n2020 and February 28, 2021, Plaintiff’s counsel billed a total of $4,942.48\r\nbased on 21.95 hours of attorney time and costs of $1,234.98. (Id.) Plaintiff will incur another $510.00 in attorney’s fees for the\r\npreparation of this Motion as well as a filing fee of $60.00. (Id.) Of the amount incurred, Plaintiff only seeks attorney’s fees and\r\ncosts of $3,000.00, reserving the right to seek the remaining attorney’s fees\r\nand costs from Defendant I&D Remodeling at a later time. (Id.) Having reviewed the attached billing statements, the Court finds\r\n$3,000.00 in attorney’s fees and costs sought to be reasonable.

\r\n\r\n

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Plaintiff is ordered to\r\ndeposit remaining bond funds of $12,000.00 within ten (10) days of this order.

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IV. \r\nConclusion\r\n& Order

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For the foregoing reasons, Plaintiff\r\nWestern Surety Company’s Motion for Discharge is GRANTED. Plaintiff’s request\r\nfor attorney’s fees and costs of $3,000.00 is also GRANTED. Interpleader funds\r\nof $12,000.00 are to be deposited with the Court within ten (10) days of this\r\norder.

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Moving party is ordered to give\r\nnotice.

"
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