Hearing: SOUTHWEST LAW CENTER vs ACCIDENT CENTER

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                                SUPERIOR        COURT,       STATE      OF   CALIFORNIA,           COUNTY      OF    STANISLAUS



                         SOUTHWEST         LAW    CENTER                         VS.          ~
                                                                                                   ACCIDENT         CENTER,       ET   AL.
                                 PLAINTIFF(S)                                                              DEFENDANT(S)

         NATURE       OF   HEARING:        a)    Defendant’s           Demurrers         to   Second       Amended       Complaint;
         b)    Defendant        Advanced         Pain     Management          Institute’s          and     Alamo      Surgery
         Center’s        Joinder        in   Demurrer         of   Defendant         Daniel       Powers,       M   D.,    Inc.     to
         Plaintiff’s           Second      Amended        Complaint.
                                                                                                             CASE:      CV-20-000633
          JUDGE:       STACY     P.    SPEILLER                 Bailiff:        J.    Mendoza                Date:      03/03/2021
          Clerk:       C.   Cruz                                Reporter:         None                       Modesto,        California
          APPEARANCES:
          Appearing         via    Vcourt       on   behalf       of    Defendants/Cross—Complainants                         is
          ELIEZER       COHEN,       ESQ.

          This     matter      was    regularly         called       for    hearing.

          There      being      no   request        for   a   hearing,        the    Court      confirmed          its    tentative
          ruling      as    follows:
          a)    Defendant’s          Demurrers         to    Second      Amended        Complaint         —
                                                                                                             SUSTAINED,          without
          leave      to   amend;       b)   Defendant         Advanced         Pain     Management          Institute’s          and
          Alamo      Surgery       Center’s         Joinder       in    Demurrer        of   Defendant         Daniel       Powers,
          M.D.,      Inc.     to   Plaintiff’s           Second      Amended        Complaint         —
                                                                                                          GRANTED,        and
          unopposed.
          On   September         4,    2020,      and    again      on   December        2,    2020,      this     Court      ruled     on
          Defendants’          demurrer         to   the     Plaintiff’s          original        and     First     Amended
          complaints          finding       Plaintiff         is    not    entitled        to   deduct       its     own    fees     and
          costs      from     the    settlement          fund     before       interpleading            the    funds      with     the
          Court      for    adjudication           of    the    competing         interests         thereto.          While
          interpleader           is    an   appropriate           remedy       to   the    disputes         arising       from     the
          fact     that     the    settlement          was    too     small     to    pay    all    lienholders,            much     less
          to    leave     anything        for     the    plaintiff         in   the     underlying          litigation,          the
          entire       fund    must     be    interpleaded.               (See    e.g.     Code     of    Civil      Procedure
          section       386;     see     also     Rutter’s        Guide      to   Civil      Procedure         Before       Trial,      Ch.
          2—F     (2019)      at   2:470.)          Plaintiff         has    been     granted       several        opportunities            to
          amend      its    complaint         to   properly         state      a  cause      of    action      sounding         in
          interpleader           —
                                     including         interpleading            the     entire      amount       of    the    fund     in
          dispute       -   and    has     failed      to    do   so.      Plaintiff’s           Second      Amended        Complaint
          continues         to   attempt        to   state      one    cause      of    action      for     interpleader,            but    to
          interplead          less     than     the    entire       amount      of    the    settlement          fund     in    dispute.
          Therefore,          it   appears        Plaintiff         is   not    willing        or   able     to    do   what     is
          required        of    it   in   this      instance.           Defendant         Daniel      Powers,        MD   Inc.’s
          Demurrer        to    Plaintiff’s           Second      Amended        Complaint         is   SUSTAINED,          without
          leave      to   amend.         The    Court      also     GRANTS       Defendants         Advanced         Pain     Management
          Institute         and    Alamo      Surgery        Center’s        request        for    joinder       in    the    demurrer.

                                                                  MINUTE       ORDER