Western Surety Company v. Auto America, Inc. et al

Filing 53

ORDER signed by Judge Morrison C. England, Jr on 4/2/10 ORDERING that Plaintiff's MOTION 43 is GRANTED. The 4/8/10 hearing date is accordingly vacated. Plaintiff may file a third amended complaint adding Alicia Zapata as a defendant to this matter not later than ten (10) days following the date this order is electronically filed with the Court. (Mena-Sanchez, L)

1 2 3 4 5 6 7 8 9 10 11 12 Plaintiff, 13 v. 14 15 16 17 18 19 20 21 22 Defendants. 23 ----oo0oo---24 25 26 27 28 Plaintiff is the surety for a motor vehicle dealer, Defendant Auto America, Inc. After the dealership and its AUTO AMERICA, INC., a California corporation; MOCTEZUMA TOVAR, an individual; PENEELEYU TOVAR, an individual, WACHOVIA DEALER SERVICES, INC., a California corporation, TRUCK CITY AUTO SALES, INC., a California corporation; FIRESIDE BANK, a California corporation; LOBEL FINANCIAL CORPORATION, a California corporation, CALIFORNIA DEPARTMENT OF MOTOR VEHICLES, a California state agency, ORDER WESTERN SURETY COMPANY, a South Dakota corporation, No. 2:08-cv-02718-MCE-DAD UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

owners, Defendants Moctezuma Tovar and Peneeleyu Tovar, began to experience alleged financial difficulties, Plaintiff alleges that 1

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multiple claims were asserted by the remaining Defendants against the Tovars and their business, which in turn led to claims against Plaintiff's surety bond. Through the present

Interpleader action, Plaintiff has deposited its bond amount in the amount of $50,00.00 given the conflicting claims against its bond. Plaintiff now moves for permission to file a Third Amended Complaint in this matter which will add a recently discovered additional claimant to the bond proceeds, Alicia Zapata, as a Defendant. Defendant Wachovia Dealer Services, Inc. has filed a No other

Statement of Non-Opposition to Plaintiff's Motion. defendant has filed any opposition.

Given the lack of any opposition, and good cause appearing therefor, Plaintiff's Motion (Docket No. 43) is hereby GRANTED.1 The April 8, 2010 hearing date is accordingly vacated. Plaintiff

may file a Third Amended Complaint adding Alicia Zapata as a Defendant to this matter not later than ten (10) days following the date this Order is electronically filed with the Court. IT IS SO ORDERED. Dated: April 2, 2010

_____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

Because oral argument was not of material assistance, the Court orders this matter submitted on the briefs. E.D. Cal. Local Rule 230(g). 2

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