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Interpleader of competing claims in California

by Stan Burman
Interpleader of competing claims in California.

Interpleader of competing claims in California is the topic of this blog post.

Interpleader of competing claims in California can be requested by any party that is faced with competing claims to money or property in which they have no interest, and they cannot determine which of the competing claims is valid.

The party can file a verified cross-complaint requesting that the court order the competing parties to interplead their competing claims.

Law authorizing Interpleader of competing claims in California.

Interpleader of competing claims in California is authorized by the provisions of Code of Civil Procedure section 386(b) which states that,

“Any person, firm, corporation, association or other entity against whom double or multiple claims are made, or may be made, by two or more persons which are such that they may give rise to double or multiple liability, may bring an action against the claimants to compel them to interplead and litigate their several claims.

When the person, firm, corporation, association or other entity against whom such claims are made, or may be made, is a defendant in an action brought upon one or more of such claims, it may either file a verified cross-complaint in interpleader, admitting that it has no interest in the money or property claimed, or in only a portion thereof, and alleging that all or such portion is demanded by parties to such action, and apply to the court upon notice to such parties for an order to deliver such money or property or such portion thereof to such person as the court shall direct; or may bring a separate action against the claimants to compel them to interplead and litigate their several claims. The action of interpleader may be maintained although the claims have not a common origin, are not identical but are adverse to and independent of one another, or the claims are unliquidated and no liability on the part of the party bringing the action or filing the cross-complaint has arisen. The applicant or interpleading party may deny liability in whole or in part to any or all of the claimants. The applicant or interpleading party may join as a defendant in such action any other party against whom claims are made by one or more of the claimants or such other party may interplead by cross-complaint; provided, however, that such claims arise out of the same transaction or occurrence.”

The party requesting Interpleader of competing claims in California can also request an award of their costs including attorney’s fees pursuant to the provisions of Code of Civil Procedure section 386.6 which states that,

“(a) A party to an action who follows the procedure set forth in Section 386 or 386.5 may insert in his motion, petition, complaint, or cross complaint a request for allowance of his costs and reasonable attorney fees incurred in such action. In ordering the discharge of such party, the court may, in its discretion, award such party his costs and reasonable attorney fees from the amount in dispute which has been deposited with the court. At the time of final judgment in the action the court may make such further provision for assumption of such costs and attorney fees by one or more of the adverse claimants as may appear proper.

(b) A party shall not be denied the attorney fees authorized by subdivision (a) for the reason that he is himself an attorney, appeared in pro se, and performed his own legal services.”

Requesting Interpleader of competing claims in California should be done by any any party in California that is faced with multiple claims to money or property that they have no interest in in order to obtain a court order requiring the the competing parties to interplead their claims.

Sample verified cross-complaint requesting Interpleader of competing claims in California for sale.

Attorneys or parties in California that would like to view a portion of a sample verified cross-complaint in Interpleader for California containing brief instructions, a sample verification for both an individual and a corporation or other entity and proof of service sold by the author can see below.

Sample Cross-Complaint in Interpleader for California by Stan Burman on Scribd

 

Over 300 sample legal documents for California and Federal litigation for sale.

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The author of this blog post, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

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