Shayan v. Spine Care and Orthopedic Physicians

Filed 1/9/20 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

KAMYAR R. SHAYAN, B293857

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BC656852) v.

SPINE CARE AND ORTHOPEDIC PHYSICIANS et al.,

Defendants and Appellants.

APPEAL from a judgment of the Superior Court of Los Angeles County, Richard Fruin, Jr., Judge. Affirmed. Herzog, Yuhas, Ehrlich & Ardell, Evan D. Marshall, Ian Herzog for Defendants and Appellants. Law Offices of Kamyar R. Shayan and Kamyar R. Shayan for Plaintiff and Respondent. __________________________

Plaintiff and Respondent Kamyar Shayan filed an interpleader action to resolve claims about a disputed $19,365 sum. Two claimants and defendants had notice of the trial date but failed to appear. The court conducted the trial, adjudicated the case on the merits, and entered judgment. Later these claimants filed a motion for relief under the mandatory provision of subdivision (b) of section 473 of the Code of Civil Procedure. (All statutory citations are to this code.) This mandatory provision applies only to defaults, default judgments, and dismissals. The trial court denied this motion because the trial on the merits had not been a default, a default judgment, or a dismissal. Rather, it had been a trial on the merits. We affirm the trial court’s straightforward interpretation of statutory language. The essential facts are these. Shayan is a lawyer who recovered about $30,000 for his client Angelica Mazariegos in a personal injury action. Various entities had liens on this recovery. Among them were Appellants Spine Care & Orthopedic Physicians (Spine Care) and C&C Factoring Solutions (C&C). Shayan subtracted about $10,000 for his fee, deposited the remaining $19,365, and initiated this interpleader action, naming Mazariegos, Spine Care, and C&C as interpleader defendants. These three defendants filed answers. The court set the trial date. All parties had actual notice of this trial date, which was June 4, 2018. Spine Care and C&C did not appear at the trial. The trial court proceeded with trial, heard evidence, and rendered judgment. The court signed the judgment on June 16, 2018 and Shayan gave notice. Then on July 25, 2018, Spine Care and C&C, represented by new counsel, filed a motion to vacate default and default judgment. The court heard this motion and