Metropolitan Life Insurance Company v. Bambi Gicana et al

Filing 104

JUDGMENT by Judge Ronald S.W. Lew. On June 1, 2018, this Court enteredjudgment in favor of Gicana on the equitable remedies for the 401(k) benefits. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that judgment is entered in favor of Gicana and against Maloney, in accordance with this Courts previous Orderre: Gicanas Motion for Summary Judgment and Order re: Bench Trial. The entire balance of funds in this Courts registry, less any fees payable to the Clerk ofCourt, shall be distributed to the Supe rior Court of California, payable to the Clerk of Court, Case No. 16STPB03539, Stanley Mosk Courthouse, 111 North HillStreet, Los Angeles, CA 90012, in which Decedents trust is being litigated. Further, Decedents trust holds an equitable lien up to & #036;460,509.25 on Maloneysindividual retirement account at Securities America. Maloney owes the trust an accounting of her transactions involving the 401(k) monies and restitution. Gicana shall recover her costs in this Action. Related to: Order, 103 (shb)

June 1, 2018

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 METROPOLITAN LIFE INSURANCE )
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COMPANY,
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Plaintiff-in- )
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Interpleader, )
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v.
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16 BAMBI GICANA; and ARACELI )
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MALONEY,
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Defendants-in- )
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Interpleader. )
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20 AND RELATED CROSS AND
COUNTER CLAIMS
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CV 16-08317-RSWL-RAO
JUDGMENT

WHEREAS, on April 3, 2018, this Court entered

23 partial summary judgment in favor of Defendant-in24 Interpleader Bambi Gicana (“Gicana”), finding that
25 Defendant-in-Interpleader Araceli Maloney (“Maloney”)
26 breached her fiduciary duty with respect to Efren
27 Molina Martinez’s (“Decedent”) life insurance and
28 401(k) policies,
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WHEREAS, on May 18, 2018, the Action came on for

2 trial before the Court on the sole issue of
3 availability of an equitable remedy with respect to
4 Decedent’s 401(k) benefits,
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WHEREAS, on June 1, 2018, this Court entered

6 judgment in favor of Gicana on the equitable remedies
7 for the 401(k) benefits,
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IT IS HEREBY ORDERED, ADJUDGED, and DECREED that

9 judgment is entered in favor of Gicana and against
10 Maloney, in accordance with this Court’s previous Order
11 re: Gicana’s Motion for Summary Judgment and Order re:
12 Bench Trial.

The entire balance of funds in this

13 Court’s registry, less any fees payable to the Clerk of
14 Court, shall be distributed to the Superior Court of
15 California, payable to the Clerk of Court, Case No.
16 16STPB03539, Stanley Mosk Courthouse, 111 North Hill
17 Street, Los Angeles, CA 90012, in which Decedent’s
18 trust is being litigated.

Further, Decedent’s trust

19 holds an equitable lien up to $460,509.25 on Maloney’s
20 individual retirement account at Securities America.
21 Maloney owes the trust an accounting of her
22 transactions involving the 401(k) monies and
23 restitution.

Gicana shall recover her costs in this

24 Action.
25 IT IS SO ORDERED.
26 DATED: June 1, 2018

RONALD S.W. LEW

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HONORABLE RONALD S.W. LEW
Senior U.S. District Judge

cc: [e-mail]
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