GRANITE ESCROW & SETTLEMENT SERVICES, A CALIFORNIA CORPORATION vs FIRST RIDGE ASSOCIATES, LLC, et al.

23CV013307: GRANITE ESCROW & SETTLEMENT SERVICES, A CALIFORNIA CORPORATION vs FIRST RIDGE ASSOCIATES, LLC, et al. 07/09/2026 Hearing on Motion - Other for Discharge and Request for Award of Reasonable Attorneys' Fees and Costs in Department 16D

Tentative Ruling

NOTICE:

Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:

To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.

Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.

The Department 16D Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16146506749 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed on the Court Reporter Services webpage available on the Sacramento Superior Court website at https://saccourt.ca.gov/general-information/court-reporter-services-transcripts. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://saccourt.ca.gov/home/showpublisheddocument/227/639084034465370000.

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

23CV013307: GRANITE ESCROW & SETTLEMENT SERVICES, A CALIFORNIA CORPORATION vs FIRST RIDGE ASSOCIATES, LLC, et al. 07/09/2026 Hearing on Motion - Other for Discharge and Request for Award of Reasonable Attorneys' Fees and Costs in Department 16D

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporter’s Office and an official reporter will be provided.

*** NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G. ST. SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. ALL PAPERS FOR THIS DEPARTMENT MUST BE FILED AT THIS NEW LOCATION AND WILL NOT BE ACCEPTED AT THE HALL OF JUSTICE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION. PARTIES MAY CONTINUE TO APPEAR REMOTELY IN DEPARTMENT 16D UNLESS SPECIFICALLY ORDERED OTHERWISE. ***

TENTATIVE RULING: Plaintiff Granite Escrow & Settlement Services’ motion for an order of discharge is granted as set forth below.

Plaintiff filed its complaint for interpleader on December 12, 2023, regarding $200,000 in escrow funds related to a real estate transaction. The interpleader complaint alleges that the named defendants asserted conflicting claims to the subject $200,000. Plaintiff has disavowed any interest in the funds and has deposited those funds with the Court.

Plaintiff now moves for an order discharging it from this action and awarding it fees and costs.

Pursuant to CCP § 386(b) any person “against whom double or multiple claims are made, or may be made, by two or more persons which are such that they may give rise to double or multiple liability, may bring an action against the claimants to compel then to interplead and litigate their several claims.” “Where the only relief sought against one of the defendants is the payment of a stated amount of money alleged to be wrongfully withheld, such defendant may, upon affidavit that he is a mere stakeholder with no interest in the amount or any portion thereof and that conflicting demands have been made upon him for the amount by parties to the action, upon notice to such parties, apply to the court for an order discharging him from liability and dismissing him from the action on his depositing with the clerk of the court the amount in dispute and the court may, in its discretion, make such order.” (CCP § 386.5.) This section, while referring to

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

23CV013307: GRANITE ESCROW & SETTLEMENT SERVICES, A CALIFORNIA CORPORATION vs FIRST RIDGE ASSOCIATES, LLC, et al. 07/09/2026 Hearing on Motion - Other for Discharge and Request for Award of Reasonable Attorneys' Fees and Costs in Department 16D

defendants, also permits plaintiffs to seek discharge. (Southern California Cas. Co. v. Flannery (2014) 232 Cal.App.4th 477, 492.) Here, as set forth above, Plaintiff has disavowed any interest in the funds and the named defendants have made competing claims to the funds.

Plaintiff is entitled to an order of discharge and dismissal given that it makes no claim to the funds and has deposited the subject funds with the Court. (CCP § 386.5.) “Upon an admission of liability and deposit of monies with the court, the plaintiff may be discharged from liability and dismissed from the interpleader action.” (Dial 800 v. Fesbinder (2004) 118 Cal.App.4th 32, 43.) In addition, in ordering discharge of such party, the court may, in its discretion award such party his or her costs and reasonable attorney fees from the disputed amount which has been deposited with the Court. (CCP § 386.6(a).) The Court finds that the requested attorneys’ fees and costs in the amount of $16,164.31 is reasonable and awards that amount to Plaintiff.

No opposition to the motion was filed. A party’s failure to oppose a motion is construed as a concession on the merits of the motion. (See D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.)

The Court thus grants Plaintiff’s request to be dismissed and discharged from liability. The matter is dismissed only as to Plaintiff and the action will proceed as between Defendants so that the ownership of the disputed funds may be determined.

As a result, the motion is granted as set forth above. Defendants shall now litigate the ownership of the funds between themselves.

The $16,164.31 awarded to Plaintiff shall be deducted from the funds currently deposited with the Court and distributed to Plaintiff’s counsel Lori C. Hershorin located at 26475 Rancho Parkway South, Lake Forest, CA 92630.

The notice of motion does not provide notice of the Court’s tentative ruling system as required by Local Rule 1.06(D). Plaintiff’s counsel is ordered to notify Defendants immediately of the tentative ruling system and to be available at the hearing in person, via Zoom, or by telephone, in the event Defendants appear without following the procedures set forth in Local Rule 1.06(B).

The Court will sign the proposed order.