Once Interpleader Found Necessary, Interpleader Losing Party Had To Bear Costs/Fees.
In Eskenazi v. 301 Culver, LLC, Case No. B302398 (2d Dist., Div. 7 Aug. 16, 2021) (unpublished), a settlement agreement was in controversy, with one party filing an interpleader action relating to contested settlement funds at issue. Eventually, the interpleading party prevailed and sought costs and reasonable attorney’s fees under Code of Civil Procedure section 386.6(a), a discretionary fee-shifting provision. The trial judge awarded $8,424.80 in costs and fees out of the $60,523.51 deposited into court. The appellate court affirmed, finding no abuse of discretion given that the interpleader resolved the dispute over the deposited money. (Accord, Wertheim, LLC v. Omidvar, 3 Cal.App.5th 921, 925 [reviewed in our October 2, 2016 post].)