Cases: Interpleader

Interpleader: Non-Neutral Party Causing Interpleader Filing, Rather Than Paying Judgment Or Posting Bond On Appeal, Properly Denied Fee Recovery Against Another Non-Neutral Party In Interpleader

Cases: Interpleader

  No Abuse Of Discretion In Deciding That Fees Paid To Discharged Interpleader Parties Did Not Have To Be Reimbursed By Other Non-Neutral Party.     Lender Currency makes high interest loans to songwriters obtaining royalty streams, while Wertheim, LLC obtains assignments of royalty rights and causes of action against Currency from the songwriters in return […]

Costs/Interpleader: Where Plaintiff Dismissed Interpleader Before Any Merits Ruling, Defendant Entitled To Routine Costs Of $1,344 As Of Right

Cases: Costs, Cases: Interpleader

  CCP § 1032 Was The Costs Predicate.      Plaintiff in an interpleader action, brought because there apparently was a dispute to entitlement to insurance proceeds between defendants and a bankruptcy trustee, dismissed the action after the trustee abandoned any interest in the proceeds, with the proceeds going to plaintiff. Defendants then moved for and

Interpleader/Reasonableness Of Fees: $81,053.44 In Fees To Neutral Stakeholder Affirmed In Interpleader Action

Cases: Interpleader, Cases: Reasonableness of Fees

  Absence of Opposition From Other Side Steered the Affirmance.      In Southern Cal. Gas. Co. v. Flannery, Case No. B249616 (2d Dist., Div. 5 Dec. 16, 2014) (published), gas company brought an interpleader action to direct disposition of settlement proceeds in multiple fire cases, ultimately being granted an unopposed motion for discharge and then

Interpleader: Insurance Company Interpleading Policy Benefits Entitled To Deduct Fees And Costs Where Insurance Proceeds Up In The Air Due To Criminal Investigation Of Husband After Insured Wife’s Death

Cases: Interpleader

  No Insurance Company Exception for Award of Interpleader Fees/Costs Under CCP § 386.6(a).      CCP § 386.6(a) permits a court to award discretionary attorney’s fees and costs to a neutral stakeholder interpleading moneys or funds with the Court if interpleader procedures are followed. This section was at issue in Farmers New World Life Ins.

Insurance: Carriers Battling It Out On Defense Costs Allocation Bear The Burden Of Showing Each Paid A “Fair Share” Before Chasing Other Carriers

Cases: Interpleader

Second District, Division 3 Applies Non-Insurance Equitable Contribution Rule in Insurance Setting.      In Scottsdale Ins. Co. v. Century Surety Co., Case No. B204521 (2d Dist., Div. 3 Mar. 10, 2010) (certified for partial publication), Acting Presiding Justice Croskey—on behalf of a 3-0 panel of the Second District, Division 3—penned a scholarly opinion about the

Interpleader: No Attorney’s Fees Recoverable Where Neutral Stakeholder Failed To Interplead Funds But Kept Them In Interest-Bearing CODs

Cases: Interpleader

Statutory Basis for Fees Requires Deposit of Disputed Funds Into Court.      Code of Civil Procedure section 386(a) allows a neutral stakeholder of certain funds subject to conflicting claims to commence an interpleader action, deposit the funds into court, and obtain a discretionary fee/costs recovery by the court from the amount deposited into court. In

Interpleader Actions—Attorney’s Fees Do Not Have To Be Only Paid Out Of Interpleader Involving Deposited Cash

Cases: Interpleader, Cases: Special Fee Shifting Statutes

Second District Does Place Restrictions On Activities For Which Neutral Stakeholder Can Seek Fee Reimbursement.              Code of Civil Procedure section 386.6(a) provides that a party to a properly commenced interpleader action “may insert is his motion, petition, complaint, or cross complaint a request for allowance of his costs and reasonable attorney

Scroll to Top