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Western Surety Co. v. Auto America

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 2, 2010

WESTERN SURETY COMPANY, A SOUTH DAKOTA CORPORATION, PLAINTIFF,
v.
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, DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

Plaintiff is the surety for a motor vehicle dealer, Defendant Auto America, Inc. After the dealership and its owners, Defendants Moctezuma Tovar and Peneeleyu Tovar, began to experience alleged financial difficulties, Plaintiff alleges that 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 Statement of Non-Opposition to Plaintiff's Motion. No other 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.*fn1

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.


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