Motion Directing Interpleading of Funds
Accordingly, the hearing on the motion is CONTINUED to August 17, 2026 at 1:30 p.m. in Dept. C24 to allow plaintiff to correct the deficiencies listed hereing. All further documents must be filed not less than 14 calendar days prior to the continued hearing date.
Additionally, the hearing on the Order to Show Cause as to why the complaint should not be dismissed for failure to serve the defendant as required by Rule 3.110 is CONTINUED to August 17, 2026 at 1:30 p.m. in Dept. C24. Any evidence submitted in response to the OSC is required to be filed 14 calendar days prior to the hearing.
212 Law Offices of Before the court is an unopposed Motion Directing Joseph P. Interpleading of Funds (Motion) filed by plaintiff McGinley vs. Law Offices of Joseph B. McGinley (Plaintiff). The Falck Mobile Motion is GRANTED. Health, Inc. Plaintiff was in possession of $42,673.35 in settlement funds (Funds) related to the underlying motor vehicle accident matter; the Funds have now been deposited with the court. (Ferrell Decl. ¶ 8, Ex. A.) Plaintiff states there are conflicting demands on the Funds and Plaintiff has applied to the court for an order discharging it from liability and dismissing it from the action. (Code of Civil Procedure section 386.5.)
Plaintiff stated by affidavit that it has no interest in the Funds. (Ferrell Decl. ¶ 7.) As the Funds have been deposited with the clerk of the court, the court will grant Plaintiff’s request and discharge Plaintiff from liability regarding the Funds and dismiss Plaintiff from this action upon Plaintiff’s filing of notice of this ruling.
The court also grants Plaintiff’s request for reasonable attorney fees in the amount of $7,436.70, and directs the clerk to issue payment in that amount to Plaintiff out of the Funds. (Code of
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