December 11, 2013
LIFE INSURANCE COMPANY OF NORTH AMERICA, Plaintiff,
MICHELLE MANGAS, DIANE MANGAS, J.M., a minor, ANDREW JAMES McLEAN, CHRISTOPHER MANGAS, ANTHONY NELSON, and COURTNEY NELSON, and DOES 1-10
GEORGE H. WU, District Judge.
The motion of plaintiff Life Insurance Company of North America ("LINA") for an order dismissing it from the action and discharging it from liability came on regularly for hearing in before this Court on December 2, 2013. The motion for summary judgment or in the alternative for partial summary judgment of defendant Michelle Lueras ("Lueras"), erroneously sued herein as Michelle Mangas, also came on for hearing before this Court on December 2, 2013, with LINA's motion to dismiss and motion to strike Lueras' counterclaim.
Therefore, having granted all motions referenced herein: IT IS HEREBY ADJUDGED AND DECREED AS FOLLOWS:
1. That LINA properly deposited the death benefits and interest in the total amount of $82, 114.77 with the clerk of this Court, alleged a proper claim for interpleader in this action, and is entitled to a judgment of interpleader in its favor as to all defendants herein;
2. That having deposited the death benefits with the Clerk of this Court, LINA is hereby released, discharged and acquitted of and from any liability of any kind or nature whatsoever under the group life insurance policy issued to Brand Services, Inc. providing life insurance benefits to decedent Michael Mangas, policy no. FLX 962588 ("the Policy"), now or ever, as to all defendants, and that LINA has fully satisfied any and all liability under the Policy as to all defendants.
3. That LINA shall receive the sum of $3, 500.00 to be disbursed from the funds interpled and deposited with the Clerk of the Court in this action, as reimbursement for the attorney's fees and costs incurred by LINA in bringing the interpleader action;
4. That the Clerk of the Court shall disburse $3, 500.00 in a check payable to "Life Insurance Company of North America" delivered to LINA care of its attorneys of record, Wilson, Elser, Moskowitz, Edelman & Dicker LLP, 525 Market St., 17th Floor, San Francisco, CA 94105, Attention Dennis J. Rhodes;
5. That Defendant Michelle Lueras ("Lueras"), erroneously sued herein as Michelle Mangas, is entitled to the remainder of the funds on deposit, with all accrued interest, and that no other defendants or claimants are entitled to any portion of the life insurance proceeds deposited with the Court;
6. That the Clerk of the Court shall disburse the remainder of all funds deposited with the Court, with all accrued interest, in a check payable to "Michelle Lueras and her attorneys, Andrews & Hensleigh, LLP" delivered to Lueras care of its attorneys of record, Andrews & Hensleigh, LLP, 1200 Wilshire Blvd, Suite 615, Los Angeles, CA 90017, (213) 617-7727, Attention, Joseph Andrews;
7. That all herein are restrained and permanently enjoined from instituting or prosecuting any proceeding in any State or United States Court against any of the other parties relating to or claiming any entitlement to the death benefits under the Policy and/or seeking any relief or benefits whatsoever under and/or based upon the Policy and/or relating to the Policy; and
8. That except as expressly stated herein and/or in the Order of Discharge, each party is to bear its own attorney's fees and costs of suit incurred in this action.
IT IS SO ORDERED AND ADJUDGED