MEI LING CHEN ET AL VS STATE OF CALIFORNIA DEPARTMENT OF

Tentative Rulings

Case Number: ****9426 Hearing Date: August 4, 2021 Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

1. Background

Plaintiffs, Mei Ling Chen (“Chen”) and Chun Sheng Zhao (“Zhao”) (collectively, “Plaintiffs”) filed this action against Defendants, State of California Department of Transportation and Estate of Brayan Andrade (the “Estate”) for dangerous condition of public property and negligence relating to a motor vehicle accident.

At this time, Viking Insurance Company of Wisconsin (“Viking”) moves for an order discharging stakeholder from liability. Viking asserts it provided Brayan Andrade with a California auto insurance policy with a $30,000 aggregate limit for the sum of all claims against the policy required to be paid by Viking. On September 2, 2016, A vehicle driven by Andrade struck Chen’s vehicle. Occupants of Andrade's vehicle at the time of the accident were Brayan Andrade Pacheco and Roberto Juarez Orozco (“Orozco”). Occupants of Chen's vehicle at the time of the accident were Mei Ling Chen, Chun Sheng Zhao, and Sharon Zhao. Chen and Zhao filed this action for personal injuries against the Estate for Andrade’s negligence in causing the accident. Orozco filed a different action, Case No. BC718513, for his injuries from the accident. On August 30, 2019, Viking filed a complaint-in-interpleader naming various potential claimants.

Viking provides it is willing to deposit the entire $30,000 policy limit with the Clerk of the Court and seeks to be discharged from any further liability to any claimants. Viking asserts multiple defendants-in-intervention have claimed zero interest in the funds. Viking states Chen, Zhao, and Orozco claim an interest in the funds. Further, Viking avers the court should discharge Viking from liability and a judgment for dismissal with prejudice from this action. As of July 30, 2021, no opposition to the motion has been filed.

2. Motion Discharging Stakeholder

If a defendant-stakeholder claims no interest in the funds or property it holds, the defendant may 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 may also dismiss the stakeholder. (CCP ;; 386(a), 386.5.) The stakeholder may also seek reimbursement of costs and reasonable attorney fees incurred. (CCP ; 386.6.) The Court may, in its discretion, order payment thereof out of the funds deposited by the stakeholder, and ultimately, such payment may be charged to one or more of the adverse claimants in the final judgment. (CCP ; 386.6.)

Here, Viking asserts it filed its complaint in interpleader to avoid multiplicity of actions and will deposit with the Clerk of the Court the Policy Limit of the insurance policy in the amount of $30,000. Viking avers it disavows any interest in the disputed funds and seeks to be discharged from liability. Additionally, on April 8, 2021, Viking filed a Stipulation for Entry of Judgment signed by the parties providing the balance of the interpleaded funds was to be divided between Orozco, Chen, and Zhao as follows: to Orozco the sum of $11,000; to Chen the sum of $4,000; and to Zhao the sum of $15,000.

Viking’s motion for an order discharging stakeholder is granted. Viking is hereby discharged and dismissed from this case and released from any and all liability to any and all of the defendants in the above-entitled action for, on account of, or in connection with, any transaction, matter, happening, or thing in any way arising out of the rights and obligations of the parties, and their successors and assigns, with respect to the funds interpleaded with the Court herein, or any part thereof, pursuant to Code of Civil Procedure section 386.5.

The stipulation is hereby approved and granted. The sum of $11,000 shall be paid to Orozco; the sum of $4,000 shall be paid to Chen, and the sum of $15,000 shall be paid to Zhao.

Viking is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept31@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear remotely.

Dated this 4^th day of August, 2021