Life Insurance Company of North America v. Ashley Becerra et al, No. 2:2021cv00638 - Document 40 (C.D. Cal. 2022)
Court Description: FINAL JUDGMENT AND ORDER OF INTERPLEADER DISBURSEMENT by Judge Andre Birotte Jr.: Considering the Order Approving Minor's Settlement 38 entered in response to the Joint Application of Minor Defendant-in-Interpleader for Approval of Settlement 34 , the Court finds, adjudges, and orders as follows: IT IS ORDERED that from the remaining interpleader funds, King Law Firm Attorneys at Law, Inc., is entitled to and the Clerk shall disburse to it $10,000, payable to: "King Law Firm At torneys at Law, Inc." IT IS FURTHER ORDERED that from the Funds, ASHLEY BECERRA, AS GUARDIAN OF THE ESTATE OF A.A.D.R., is entitled to and the Clerk shall disburse to her $144,404.14, payable to: "ASHLEY BECERRA, AS GUARDIAN OF THE EST ATE OF A.A.D.R." IT IS FURTHER ORDERED that from the Funds, ALEXANDRO DEL REAL is entitled to and the Clerk shall disburse to him $75,000.00, payable to: "Interpleader Law, LLC IOLTA." IT IS FURTHER ORDERED that from the Funds, VA NESSA ALEXIA DEL REAL is entitled to and the Clerk shall disburse to her $144,404.13, payable to: "Interpleader Law, LLC IOLTA." IT IS FURTHER ORDERED that 50% of any accrued interest on the entirety of the Funds deposited, less a ny assessed fee for the administration of the Funds, shall be disbursed to VANESSA ALEXIA DEL REAL, payable to: "Interpleader Law, LLC IOLTA." IT IS FURTHER ORDERED that 50% of any accrued interest on the entirety of the Funds deposite d, less any assessed fee for the administration of the Funds, shall be disbursed to ASHLEY BECERRA, AS GUARDIAN OF THE ESTATE OF A.A.D.R., payable to: "ASHLEY BECERRA, AS GUARDIAN OF THE ESTATE OF A.A.D.R." IT IS FURTHER ORDERED that all claims of each party against the other in this matter are hereby dismissed with prejudice. IT IS FURTHER ORDERED that this entire matter is hereby dismissed with prejudice. (MD JS-6, Case Terminated). (gk)
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Life Insurance Company of North America v. Ashley Becerra et al Doc. 40 1 JS-6 2 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 LIFE INSURANCE COMPANY OF NORTH AMERICA ) ) ) ) Plaintiff, ) ) vs. ) ) ASHLEY BECERRA, an individual; ALEJANDRO DEL REAL, an individual; ) ALEJANDRO DEL REAL, as guardian ) for V.A.D.R., a minor, and as guardian ) ) for A.A.D.R., a minor ) Defendants ) Case No. 2:21-cv-638-AB-E PROPOSED FINAL JUDGMENT AND ORDER OF INTERPLEADER DISBURSEMENT Considering the Order Approving Minor’s Settlement (Dkt. No. 38) entered 19 in response to the Joint Application of Minor Defendant-in-Interpleader for 20 Approval of Settlement (“Application,” Dkt. No. 34) by Interpleader Defendants 21 ASHLEY BECERRA (“ASHLEY”) and ALEXANDRO DEL REAL 22 (“ALEXANDRO”, incorrectly identified as Alejandro in the Complaint), as an 23 individual and also on behalf of minor child A.A.D.R. and VANESSA ALEXIA 24 25 26 27 DEL REAL (“VANESSA”) (collectively the “Parties”), the Court finds, adjudges, and orders as follows: This suit involves a dispute regarding the proceeds of a life insurance policy payable by Life Insurance Company of North America (“LINA”), insuring the life 28 1 20142828v1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 of BERTHA D. MENDEZ (the “Insured”). On May 5, 2021, LINA filed a Stipulation for Deposit of Interpleader Funds seeking to deposit $378,808.27 ($378,400.00 principal due plus $408.27 interest), as constituting all of the disputed and remaining funds that due and owing under the terms of the Policy issued by LINA. On May 10, 2021, LINA was ordered to deposit the disputed funds into the registry of the Court. (ECF No. 29). On May 17, 2021, LINA deposited $378,808.27, representing the disputed funds, into the registry of the Court. (ECF No. 30). On September 9, 2021, LINA was granted interpleader relief, $5,000 in 11 attorney’s fees, and was terminated as a party. (ECF No. 32). On October 20, 12 2021, the Clerk of Court disbursed $5,000 in attorney’s fees to LINA (ECF No. 13 33), leaving $378,808.27 (the “Funds”). 14 The remaining parties have resolved their disputes and claims against each 15 other as set forth in the Application (Dkt. No. 34) and the settlement, which 16 involved a minor, has been approved by this Court (Dkt. No. 38). Therefore, 17 pursuant to the agreement of the parties, and the record in this matter: 18 IT IS ORDERED that from the Funds, King Law Firm Attorneys at Law, 19 Inc., is entitled to and the Clerk shall disburse to it Ten Thousand Dollars 20 ($10,000), payable to: “King Law Firm Attorneys at Law, Inc.” and mailed to: 21 Rachel King, King Law Firm Attorneys at Law, Inc., 34859 Frederick St., Suite 22 108, Wildomar, CA 92595; 23 IT IS FURTHER ORDERED that from the Funds, ASHLEY BECERRA, 24 AS GUARDIAN OF THE ESTATE OF A.A.D.R., is entitled to and the Clerk shall 25 disburse to her One-Hundred Forty-Four Thousand Four-Hundred and Four 26 Dollars and Fourteen Cents ($144,404.14), payable to: “ASHLEY BECERRA, AS 27 GUARDIAN OF THE ESTATE OF A.A.D.R.” and mailed to: Rachel King, King 28 Law Firm Attorneys at Law, Inc., 34859 Frederick St., Suite 108, Wildomar, CA 2 20142828v1 1 2 3 4 5 6 7 8 9 10 92595, to be held in her trust account until it is transferred to a Blocked account to be established at Chase Bank, 11817 Whittier Boulevard, Whittier, CA 90601; IT IS FURTHER ORDERED that from the Funds, ALEXANDRO DEL REAL is entitled to and the Clerk shall disburse to him Seventy-Five Thousand Dollars ($75,000.00), payable to: “Interpleader Law, LLC IOLTA” and mailed to: William J. Perry, Interpleader Law, LLC, 5800 One Perkins Place Drive, Suite 2A, Baton Rouge, LA 70808; IT IS FURTHER ORDERED that from the Funds, VANESSA ALEXIA DEL REAL is entitled to and the Clerk shall disburse to her One-Hundred Forty- 11 Four Thousand Four-Hundred Four Dollars and Thirteen Cents ($144,404.13), 12 payable to: “Interpleader Law, LLC IOLTA” and mailed to: William J. Perry, 13 Interpleader Law, LLC, 5800 One Perkins Place Drive, Suite 2A, Baton Rouge, 14 LA 70808; 15 IT IS FURTHER ORDERED that Fifty Percent (50%) of any accrued 16 interest on the entirety of the Funds deposited, less any assessed fee for the 17 administration of the Funds, shall be disbursed to VANESSA ALEXIA DEL 18 REAL, payable to: “Interpleader Law, LLC IOLTA” and mailed to: William J. 19 Perry, Interpleader Law, LLC, 5800 One Perkins Place Drive, Suite 2A, Baton 20 Rouge, LA 70808; and 21 IT IS FURTHER ORDERED that Fifty Percent (50%) of any accrued 22 interest on the entirety of the Funds deposited, less any assessed fee for the 23 administration of the Funds, shall be disbursed to ASHLEY BECERRA, AS 24 GUARDIAN OF THE ESTATE OF A.A.D.R., payable to: “ASHLEY BECERRA, 25 AS GUARDIAN OF THE ESTATE OF A.A.D.R.” and mailed to: Rachel King, 26 King Law Firm Attorneys at Law, Inc., 34859 Frederick St., Suite 108, Wildomar, 27 CA 92595, to be held in her trust account until it is transferred to a Blocked 28 3 20142828v1 1 2 3 4 5 6 7 account to be established at Chase Bank, 11817 Whittier Boulevard, Whittier, CA 90601; and IT IS FURTHER ORDERED that all claims of each party against the other in this matter are hereby dismissed with prejudice. IT IS FURTHER ORDERED that this entire matter is hereby dismissed with prejudice. 8 9 Dated: April 04, 2022 10 ____________________________________ ANDRE BIROTTE JR. UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 20142828v1
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