On August 12, 2022 a
No Value
was filed
involving a dispute between
Lawyers Title Company,
and
Does 1 Through 50, Inclusive,
Gorog, Stephen J.,
Mar, David,
Mar, Samantha,
for (42) Unlimited Other Complaint (Not Spec)
in the District Court of San Mateo County.
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1 ADAM R. SALVAS (SBN 191379)
Fidelity National Law Group
2 The Law Division of Fidelity National Title Group, Inc.
1550 Parkside Drive, Suite 300
3 Walnut Creek, CA 94596
Telephone: (925) 817-3719
4 Facsimile: (925) 930-9588
adam.salvas@fnf.com
5
Attorneys for Plaintiff,
6 LAWYERS TITLE COMPANY
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SAN MATEO
10
LAWYERS TITLE COMPANY, Case No.: 22CIV03316
11
Plaintiff, NOTICE OF MOTION AND MOTION TO
12 DISCHARGE & DISMISS STAKEHOLDER
vs. PURSUANT TO CODE CIV. PROC. §§ 386(b);
13 386.5
DAVID MAR and SAMANTHA MAR, as
14 Trustees of the David Mar and Samantha Mar
Revocable Living Trust dated 06/13/2016; [Filed concurrently with: Request for Judicial
15 STEPHEN J. GOROG; and DOES 1 through 50, Notice; Memorandum of Points and Authorities;
inclusive, Declaration of Adam R. Salvas; [Proposed] Order]
16
Defendants. Date: January 25, 2023
17 Time: 2:00 p.m.
Dept.: 2
18
19
20 TO ALL PARTIES HEREIN AND THEIR ATTORNEYS OF RECORD:
21 PLEASE TAKE NOTICE THAT on January 25, 2023 at 2:00 p.m. in Department 2 of the above
22 referenced Court, located at the 400 County Center, Redwood City, California 94063, plaintiff,
23 LAWYERS TITLE COMPANY (“LTC”), hereby applies to the Court for an Order discharging LTC
24 from liability and dismissing LTC from the action on its depositing with the clerk of the court the
25 amount in dispute in this instant interpleader action.
26 This motion is made pursuant to Code of Civil Procedure §§ 386(b) and 386.5 on the grounds
27 that LTC has deposited with the Clerk of the Court the amount in dispute in this instant interpleader
28 action, no longer has liability with the subject funds, and should be dismissed from this case.
1
LTC’s Notice of Motion and Motion to Discharge & Dismiss Stakeholder
1 The Motion is made on the ground that Plaintiff held the $24,000.00 in funds at issue (the
2 “Disputed Funds”) in escrow as part of a residential real estate transaction between Defendants David
3 and Samantha Mar, as trustees of the David Mar and Samantha Mar Revocable Living Trust dated June
4 13, 2016, and Stephen J. Gorog and claims no interest in the Funds.
5 This motion is further based upon this Notice of Motion and Motion, the concurrently filed
6 Memorandum of Points and Authorities, Declaration of Adam R. Salvas, and Request for Judicial
7 Notice; upon the records and files in this action; and upon such further evidence and argument as may be
8 presented prior to or at the time of hearing on the motion.
9
Dated: November 21, 2022 FIDELITY NATIONAL LAW GROUP
10 THE LAW DIVISION OF FIDELITY NATIONAL TITLE GROUP, INC.
11
12 ________________________________________
ADAM R. SALVAS
13 ATTORNEYS FOR PLAINTIFF
LAWYERS TITLE COMPANY
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LTC’s Notice of Motion and Motion to Discharge & Dismiss Stakeholder
Document Filed Date
November 22, 2022
Case Filing Date
August 12, 2022
Category
(42) Unlimited Other Complaint (Not Spec)
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1 ADAM R. SALVAS (SBN 191379) Fidelity National Law Group 2 The Law Division of Fidelity National Title Group, Inc. 1550 Parkside Drive, Suite 300 3 Walnut Creek, CA 94596 Telephone: (925) 817-3719 4 Facsimile: (925) 930-9588 adam.salvas@fnf.com 5 Attorneys for Plaintiff, 6 LAWYERS TITLE COMPANY 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN MATEO 10 LAWYERS TITLE COMPANY, Case No.: 22CIV03316 11 Plaintiff, NOTICE OF MOTION AND MOTION TO 12 DISCHARGE & DISMISS STAKEHOLDER vs. PURSUANT TO CODE CIV. PROC. §§ 386(b); 13 386.5 DAVID MAR and SAMANTHA MAR, as 14 Trustees of the David Mar and Samantha Mar Revocable Living Trust dated 06/13/2016; [Filed concurrently with: Request for Judicial 15 STEPHEN J. GOROG; and DOES 1 through 50, Notice; Memorandum of Points and Authorities; inclusive, Declaration of Adam R. Salvas; [Proposed] Order] 16 Defendants. Date: January 25, 2023 17 Time: 2:00 p.m. Dept.: 2 18 19 20 TO ALL PARTIES HEREIN AND THEIR ATTORNEYS OF RECORD: 21 PLEASE TAKE NOTICE THAT on January 25, 2023 at 2:00 p.m. in Department 2 of the above 22 referenced Court, located at the 400 County Center, Redwood City, California 94063, plaintiff, 23 LAWYERS TITLE COMPANY (“LTC”), hereby applies to the Court for an Order discharging LTC 24 from liability and dismissing LTC from the action on its depositing with the clerk of the court the 25 amount in dispute in this instant interpleader action. 26 This motion is made pursuant to Code of Civil Procedure §§ 386(b) and 386.5 on the grounds 27 that LTC has deposited with the Clerk of the Court the amount in dispute in this instant interpleader 28 action, no longer has liability with the subject funds, and should be dismissed from this case. 1 LTC’s Notice of Motion and Motion to Discharge & Dismiss Stakeholder 1 The Motion is made on the ground that Plaintiff held the $24,000.00 in funds at issue (the 2 “Disputed Funds”) in escrow as part of a residential real estate transaction between Defendants David 3 and Samantha Mar, as trustees of the David Mar and Samantha Mar Revocable Living Trust dated June 4 13, 2016, and Stephen J. Gorog and claims no interest in the Funds. 5 This motion is further based upon this Notice of Motion and Motion, the concurrently filed 6 Memorandum of Points and Authorities, Declaration of Adam R. Salvas, and Request for Judicial 7 Notice; upon the records and files in this action; and upon such further evidence and argument as may be 8 presented prior to or at the time of hearing on the motion. 9 Dated: November 21, 2022 FIDELITY NATIONAL LAW GROUP 10 THE LAW DIVISION OF FIDELITY NATIONAL TITLE GROUP, INC. 11 12 ________________________________________ ADAM R. SALVAS 13 ATTORNEYS FOR PLAINTIFF LAWYERS TITLE COMPANY 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 LTC’s Notice of Motion and Motion to Discharge & Dismiss Stakeholder