This case was last updated from Los Angeles County Superior Courts on 10/22/2020 at 02:24:56 (UTC).

WILSHIRE ESCROW COMPANY, VS REAL BOY, LLC,, ET AL.

Case Summary

On 10/01/2018 WILSHIRE ESCROW COMPANY filed an Other lawsuit against REAL BOY, LLC. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2297

  • Filing Date:

    10/01/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

WILSHIRE ESCROW COMPANY

Defendants

BLUE COLLAR PUB GROUP LLC

REAL BOY LLC

Attorney/Law Firm Details

Plaintiff Attorney

WHITMAN SCOTT L

 

Court Documents

Notice (name extension) - Notice of Non-Opposition to Motion for Orders Discharging Interpleading Plaintiff from Liability, etc.

10/13/2020: Notice (name extension) - Notice of Non-Opposition to Motion for Orders Discharging Interpleading Plaintiff from Liability, etc.

Proof of Service by Mail - Proof of Service by Mail Amended - Proof of Service of Plaintiff's Motion for Orders...

10/21/2020: Proof of Service by Mail - Proof of Service by Mail Amended - Proof of Service of Plaintiff's Motion for Orders...

Notice (name extension) - Notice of Continuance of Hearing on Plaintiff's Motion for Orders Discharging Liability, etc.

10/21/2020: Notice (name extension) - Notice of Continuance of Hearing on Plaintiff's Motion for Orders Discharging Liability, etc.

Notice (name extension) - Notice of Hearing on Wilshire Escrow Company's Motion for Orders

7/21/2020: Notice (name extension) - Notice of Hearing on Wilshire Escrow Company's Motion for Orders

Motion for Order (name extension) - Motion for Order Discharging Interpleading Plaintiff from Liability, Etc.

6/16/2020: Motion for Order (name extension) - Motion for Order Discharging Interpleading Plaintiff from Liability, Etc.

Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

6/16/2020: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

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

5/27/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

5/27/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

5/28/2020: Proof of Personal Service - Proof of Personal Service

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

5/28/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

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

5/28/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

5/28/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

3/18/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt

11/21/2018: Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt

Civil Case Cover Sheet

10/1/2018: Civil Case Cover Sheet

Notice (name extension) - of Deposit of funds with court per complaint for interpleader, with reservation of rights

10/1/2018: Notice (name extension) - of Deposit of funds with court per complaint for interpleader, with reservation of rights

Summons - on Complaint

10/1/2018: Summons - on Complaint

Complaint

10/1/2018: Complaint

16 More Documents Available

 

Docket Entries

  • 06/03/2021
  • Hearing06/03/2021 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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  • 10/21/2020
  • DocketProof of Service by Mail Amended - Proof of Service of Plaintiff's Motion for Orders... Filed by: Wilshire Escrow Company, (Plaintiff); As to: Real Boy, LLC, (Defendant); Blue Collar Pub Group, LLC, (Defendant)

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  • 10/20/2020
  • DocketMinute Order (Hearing on Motion for Order to Deposit Interplead Funds)

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  • 10/20/2020
  • DocketHearing on Motion for Order to Deposit Interplead Funds scheduled for 10/20/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 10/20/2020; Result Type to Held

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  • 10/13/2020
  • DocketNotice of Non-Opposition to Motion for Orders Discharging Interpleading Plaintiff from Liability, etc. Filed by: Wilshire Escrow Company, (Plaintiff); As to: Wilshire Escrow Company, (Plaintiff); Real Boy, LLC, (Defendant); Blue Collar Pub Group, LLC, (Defendant)

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  • 07/21/2020
  • DocketNotice of Hearing on Wilshire Escrow Company's Motion for Orders; Filed by: Wilshire Escrow Company, (Plaintiff); As to: Wilshire Escrow Company, (Plaintiff); Real Boy, LLC, (Defendant); Blue Collar Pub Group, LLC, (Defendant)

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  • 07/20/2020
  • DocketOrder to Show Cause Re: Entry of Default Judgment scheduled for 06/03/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 07/20/2020
  • DocketHearing on Motion for Order to Deposit Interplead Funds scheduled for 10/20/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 07/20/2020
  • DocketMinute Order (Court Order Re: Non-Jury Trial and Motion for Order Hearing Date)

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  • 07/20/2020
  • DocketCertificate of Mailing for (Court Order Re: Non-Jury Trial and Motion for Order Hearing Date) of 07/20/2020; Filed by: Clerk

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22 More Docket Entries
  • 11/21/2018
  • DocketNotice and Acknowledgment of Receipt; Filed by: Wilshire Escrow Company, (Plaintiff); As to: Real Boy, LLC, (Defendant)

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  • 11/06/2018
  • DocketProof of Personal Service; Filed by: Wilshire Escrow Company, (Plaintiff); As to: Blue Collar Pub Group, LLC, (Defendant); Service Date: 10/25/2018; Service Cost: 145.90; Service Cost Waived: No

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  • 10/01/2018
  • DocketNotice of Deposit of funds with court per complaint for interpleader, with reservation of rights; Filed by: Wilshire Escrow Company, (Plaintiff)

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  • 10/01/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/04/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/01/2018
  • DocketNon-Jury Trial scheduled for 03/30/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/01/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 10/01/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/01/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 10/01/2018
  • DocketCivil Case Cover Sheet; Filed by: Wilshire Escrow Company, (Plaintiff)

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  • 10/01/2018
  • DocketComplaint; Filed by: Wilshire Escrow Company, (Plaintiff); As to: Real Boy, LLC, (Defendant); Blue Collar Pub Group, LLC, (Defendant)

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Tentative Rulings

Case Number: 18STLC12297    Hearing Date: October 20, 2020    Dept: 25

HEARING DATE: Tue., October 20, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Wilshire Escrow Co. v. Real Boy, LLC, et al COMPL. FILED: 10-01-18

CASE NUMBER: 18STLC12297 DISC. C/O: NONE

NOTICE: NO DISC. MOT. C/O: NONE

TRIAL DATE: NONE

PROCEEDINGS: MOTION FOR ORDER DISCHARGING LIABILITY, DISMISSAL FROM ACTION, AND ATTORNEY’S FEES AND COSTS

MOVING PARTY: Plaintiff Wilshire Escrow Company

RESP. PARTY: None

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

(CCP §§ 386, 386.5)

TENTATIVE RULING:

Plaintiff Wilshire Escrow Company’s Motion is CONTINUED TO NOV 16, 2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers correcting the errors noted herein. Failure to do so may result in the Motion being placed off calendar or denied.

SERVICE:

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

[ ] Correct Address (CCP §§ 1013, 1013a) NO

[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO

OPPOSITION: None filed as of October 16, 2020 [ ] Late [X] None

REPLY: None filed as of October 16, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On October 1, 2018, Plaintiff Wilshire Escrow Company (“Plaintiff”) filed a complaint in interpleader against Defendants Real Boy, LLC (“Real Boy”) and Blue Collar Pub Group, LLC (“Blue Collar”) (collectively “Defendants”). That same day, Plaintiff deposited funds of $7,557.25 with the Court. Following Defendants’ failure to answer the Complaint, defaults were entered against them on May 28, 2020.

On June 16, 2020, Plaintiff filed the instant Motion for Orders: (i) Discharging Interpleading Plaintiff from Liability; (ii) Dismissing Plaintiff from Action; (iii) Awarding Wilshire Escrow its Outstanding Escrow Fees and Charges and its Reasonable Attorney’s Fees and Costs; and (iv) Directing Fees and Costs to be Paid from Interpleaded Funds (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. (Hancock Oil Co. v. Hopkins (1944) 24 Cal.2d 497, 508 (i.e., an escrow-holder who receives conflicting demands from the parties to the escrow regarding the funds or documents he or she holds); 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 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, 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 stakeholder is a defendant who claims no interest in the funds or property held, he or she need not file a cross-complaint interpleader in interpleader. (Code Civ. Proc., §§ 386, subd. (a).) 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. (Code Civ. Proc., § 386, subd. (a).) 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), 386.5.) Notice of the motion must be served on each of the adverse claimants to the funds or property. (Code Civ. Proc., §§ 386, subds. (a), (b), 386.5.)

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. (Ibid.) Ultimately, such payment may be charged to one or more of the adverse claimants in the final judgment. (Code Civ. Proc., § 386.6.)

Finally, the Court may issue an “order restraining all parties to the action from instituting or further prosecuting any other proceeding in any court in this state affecting the rights and obligations as between the parties to the interpleader until further order of the court.” (Code Civ. Proc., § 386, subd. (f).)

  1. Discussion

  1. Service of the Petition

First, the Court notes that Plaintiff’s proof of service does not identify the person or member served with this Motion on behalf of Defendant Blue Collar. It simply states that Blue Collar Pub Group, LLC was served at 1645 Vine St., #804, Los Angeles, CA 90028. (Mot., Proof of Service.) This address is also different than the address for Defendant Blue Collar’s registered agent noted on the proof of service of summons filed on November 6, 2018. (11/6/18 Proof of Service.)

As noted above, Section 386, subdivision (b), requires notice of this Motion on all parties. Because the proof of service is incomplete, the Court is unable to determine whether Defendant Blue Collar was properly served with this Motion. Accordingly, Plaintiff is ordered to file an amended proof of service correcting this error.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Wilshire Escrow Company’s Motion is CONTINUED TO NOV 16, 2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers correcting the errors noted herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.