Life Insurance Company of North America v. Michelle Mangas et al

Filing 96

JUDGMENT by Judge George H. Wu,,That LINA properly deposited the death benefits and interest in thetotal amount of $82,114.77 with the Clerk of this Court, alleged a proper claim for 93 That LINA shall receive the sum of $3,500.00 to be disbursed from thefunds interpled and deposited with the Clerk of the Court in this action, asreimbursement for the attorneys fees and costs incurred by LINA in bringing theinterpleader action; That Defendant Michelle Lueras ("Lueras"), er roneously sued herein as Michelle Mangas, is entitled to the remainder of the funds on deposit, with allaccrued interest, and that no other defendants or claimants are entitled to any portionof the life insurance proceeds deposited with the Cour (MD JS-6, Case Terminated). (pj)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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9 LIFE INSURANCE COMPANY OF
NORTH AMERICA,
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Plaintiff,
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v.
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MICHELLE MANGAS, DIANE
13 MANGAS, J.M., a minor, ANDREW
JAMES McLEAN, CHRISTOPHER
14 MANGAS, ANTHONY NELSON, and
COURTNEY NELSON, and DOES 1 –
15 10.

Case No.: CV 13-3443-GW(VBKx)
JUDGMENT
Judge:

Honorable Judge H. Wu

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The motion of plaintiff Life Insurance Company of North America (“LINA”)

18 for an order dismissing it from the action and discharging it from liability came on
19 regularly for hearing in before this Court on December 2, 2013. The motion for
20 summary judgment or in the alternative for partial summary judgment of defendant
21 Michelle Lueras ("Lueras"), erroneously sued herein as Michelle Mangas, also came
22 on for hearing before this Court on December 2, 2013, with LINA's motion to
23 dismiss and motion to strike Lueras' counterclaim.
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Therefore, having granted all motions referenced herein:

25 IT IS HEREBY ADJUDGED AND DECREED AS FOLLOWS:
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1.

That LINA properly deposited the death benefits and interest in the

27 total amount of $82,114.77 with the Clerk of this Court, alleged a proper claim for
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1 interpleader in this action, and is entitled to a judgment of interpleader in its favor as
2 to all defendants herein;
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That having deposited the death benefits with the Clerk of this Court,

4 LINA is hereby released, discharged and acquitted of and from any liability of any
5 kind or nature whatsoever under the group life insurance policy issued to Brand
6 Services, Inc. providing life insurance benefits to decedent Michael Mangas, policy
7 no. FLX 962588 (“the Policy”), now or ever, as to all defendants, and that LINA has
8 fully satisfied any and all liability under the Policy as to all defendants.
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3.

That LINA shall receive the sum of $3,500.00 to be disbursed from the

10 funds interpled and deposited with the Clerk of the Court in this action, as
11 reimbursement for the attorney’s fees and costs incurred by LINA in bringing the
12 interpleader action;
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That the Clerk of the Court shall disburse $3,500.00 in a check payable

14 to “Life Insurance Company of North America” delivered to LINA care of its
15 attorneys of record, Wilson, Elser, Moskowitz, Edelman & Dicker LLP, 525 Market
16 St., 17th Floor, San Francisco, CA 94105, Attention Dennis J. Rhodes;
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That Defendant Michelle Lueras ("Lueras"), erroneously sued herein as

18 Michelle Mangas, is entitled to the remainder of the funds on deposit, with all
19 accrued interest, and that no other defendants or claimants are entitled to any portion
20 of the life insurance proceeds deposited with the Court;
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That the Clerk of the Court shall disburse the remainder of all funds

22 deposited with the Court, with all accrued interest, in a check payable to “Michelle
23 Lueras and her attorneys, Andrews & Hensleigh, LLP” delivered to Lueras care of
24 its attorneys of record, Andrews & Hensleigh, LLP, 1200 Wilshire Blvd, Suite 615,
25 Los Angeles, CA 90017, [phone], Attention, Joseph Andrews;
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7.

That all herein are restrained and permanently enjoined from

27 instituting or prosecuting any proceeding in any State or United States Court against
28 any of the other parties relating to or claiming any entitlement to the death benefits
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1 under the Policy and/or seeking any relief or benefits whatsoever under and/or based
2 upon the Policy and/or relating to the Policy; and
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8.

That except as expressly stated herein and/or in the Order of

4 Discharge, each party is to bear its own attorney’s fees and costs of suit incurred in
5 this action.
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IT IS SO ORDERED AND ADJUDGED

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8 Dated: December 18, 2013
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By:

Honorable George H. Wu
United States District Judge

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CERTIFICATE OF SERVICE
Life Insurance Company of North America v. Michelle Mangas, et al.
U.S.D.C. Central District of California
Case No.: 2:13-cv-03443-GW-VBK

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At the time of service I was over 18 years of age and not a party to this action.
4 I am employed by WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER
LLP. My business address is 525 Market Street, 17th Floor, San Francisco,
5 California 94105. My business telephone number is [phone]; my business
fax number is [phone]. On this date I served the following document(s):
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[PROPOSED] JUDGMENT
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on the person or persons listed below, through their respective attorneys of record in
8 this action, by placing true copies thereof in sealed envelopes or packages addressed
as shown below by the following means of service:
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: By Electronic Service. Based on a court order or an agreement of the parties
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to accept service by electronic transmission, I caused the documents to be sent
to the persons at the electronic notification addresses listed below.
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By United States Mail. I placed the envelope(s) for collection and mailing,
following our ordinary business practices. I am readily familiar with this
business’s practice for collecting and processing correspondence for mailing.
On the same day that correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the United States Postal
Service, in a sealed envelope with postage fully prepaid.
Robert J. Spitz
Robert J. Spitz Law Offices
204 N San Antonio Avenue
Ontario, CA 91762
909-395-0909 (Tel.)
909-395-9535 (Fax)
[e-mail]
Attorneys for
J.M., a Minor
(Served Via Electronic Service)

Joseph Andrews
ANDREWS & HENSLEIGH, LLP
350 S. Figueroa Street, Suite 580
Los Angeles, CA 90071
213-617-7727 (Tel.)
213-617-7737 (Fax)
Attorneys for
Michelle Lueras (aka Michelle Mangas)
(Served Via Electronic Service)

Anthony Nelson
11089 Linda Lane, #D
Garden Grove, CA 92840
In Pro Per
(Via U.S. Mail)

Courtney Nelson
1612 Calle Del Mar, Apt. H
Anaheim, CA 92802
In Pro Per
(Served Via U.S. Mail)

Andrew McLean
7435 Mohawk Circle
Buena Park, CA 90620
In Proper
(Served via U.S. Mail)

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USDC CDCA Case No.: CV-13-03443-GW (VBKxOPx

I declare under penalty of perjury under the laws of the State of California
1 that the foregoing is true and correct to the best of my knowledge.
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EXECUTED on December 11, 2013 at San Francisco, California.

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/s/ Liza H. Cachero
Liza H. Cachero

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[PROPOSED] JUDGMENT
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