Lincoln Benefit Life Company v. Nancy Sotomayor et al, No. 2:2021cv01562 - Document 55 (C.D. Cal. 2022)

Court Description: FINAL JUDGMENT AND ORDER OF INTERPLEADER DISBURSEMENT 54 by Judge Michael W. Fitzgerald. Plaintiff and all Defendants now agree that all claims that each have againstthe other have been resolved with LINCOLN to receive $12,000 for attorneys fees andcosts; GUERRA to receive $25,730.60. (MD JS-6, Case Terminated). (iv)

Download PDF

Lincoln Benefit Life Company v. Nancy Sotomayor et al Doc. 55 1 2 J S -6 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 LINCOLN BENEFIT LIFE COMPANY, 12 Plaintiff, 13 Case No: 2:21-cv-01562 MWF (MRWx) FINAL JUDGMENT AND ORDER OF INTERPLEADER DISBURSEMENT v. 14 15 16 17 18 19 NANCY SOTOMAYOR, JOSHUA ERIN SAENZ, JACUALINE BRITTANY CAMARENA, STEPHEN CHRISTOPHER SAENZ, ARTHUR D. SAENZ, JR., AND GUERRA & GUTIERREZ MORTUARIES, Defendants. 20 21 Considering the Stipulation of Plaintiff in Interpleader, LINCOLN BENEFIT LIFE 22 COMPANY (“LINCOLN”) and Defendants in Interpleader, NANCY SOTOMAYOR 23 (“SOTOMAYOR”), JOSHUA ERIN SAENZ, JACUALINE BRITTANY CAMARENA, 24 STEPHEN CHRISTOPHER SAENZ, and ARTHUR D. SAENZ, JR. (collectively the 25 “SAENZ SIBLINGS”), and GUERRA & GUTIERREZ MORTUARIES (“GUERRA”), 26 (SOTOMAYOR, SAENZ SIBLINGS, and GUERRA, are collectively referred to as 27 “Defendants”), the Court finds, adjudges, and orders as follows: 28 1 FINAL JUDGMENT; CASE NO.: 2:21-cv-01562 MWF (MRWx) Dockets.Justia.com 1 1. In dispute are proceeds from the LINCOLN Policy No. 01N1416792, issued 2 to Insured and Decedent Arthur D. Saenz, Sr. The Insured passed away on or around 3 September 27, 2020, at which time the benefits under the Policy became payable. 4 However, multiple competing claims were made for the Policy benefits and LINCOLN 5 exhausted all reasonable efforts in trying to identify the proper beneficiary or beneficiaries 6 under the Policy, and filed this Complaint in Interpleader action in February 2021. 7 8 9 10 11 2. LINCOLN deposited the Policy Proceeds plus accrued interest, in the amount of $328,851.45, on April 23, 2021 with the registry of this Court (“Interpled Funds”). 3. LINCOLN and Defendants agree that the amount of the Interpled Funds deposited with this Court represents all of the contested proceeds payable under the Policy. 4. Defendants further agree and acknowledge that the Complaint in Interpleader 12 is properly before this Court and that it was brought by and filed by LINCOLN in good 13 faith and without collusion with any of the Defendants or any other party or entity. 14 5. In order to protect its interests and to file and prosecute the Complaint in 15 Interpleader, LINCOLN retained the services of the firm of Seyfarth Shaw, LLP, which 16 caused LINCOLN to incur attorney’s fees and costs in this matter. 17 6. Plaintiff and all Defendants now agree that all claims that each have against 18 the other have been resolved with LINCOLN to receive $12,000 for attorney’s fees and 19 costs; GUERRA to receive $25,730.60; and the net Interpled Funds after payment of 20 LINCOLN and GUERRA are to be divided with SOTOMAYOR to receive 45% of the 21 net Interpled Funds and 45% of the accumulated interest, if any, and the SAENZ 22 SIBLINGS to receive 55% of the net Interpled Funds plus 55% of the accumulated 23 interest, if any. 24 7. THEREFORE, IT IS HEREBY ORDERED THAT the Interpled Funds, plus 25 accumulated interest, if any, should be disbursed to the following persons, as payees for 26 the respective parties, at the following addresses, and in the following amounts: 27 28 a) LINCOLN BENEFIT LIFE COMPANY (Payee) c/o Giovanna A. Ferrari 2 FINAL JUDGMENT; CASE NO.: 2:21-cv-01562 MWF (MRWx) 1 4 (Attorney for LINCOLN BENEFIT LIFE COMPANY) SEYFARTH SHAW, LLP 560 Mission Street, Suite 3100 San Francisco, California 94105 Telephone: (415) 397-2823 Facsimile: (415) 397-8549 gferrari@seyfarth.com 5 Twelve Thousand Dollars and Zero Cents ($12,000.00) 2 3 b) 6 7 8 9 10 Twenty-Five Thousand Seven Hundred Thirty Dollars and Sixty Cents ($25,730.60). 11 12 c) 13 14 15 16 17 18 21 22 23 24 25 26 27 INTERPLEADER LAW, LLC IOLTA (Payee) c/o William J. Perry (Attorney for JOSHUA ERIN SAENZ, JACUALINE BRITTANY CAMARENA, STEPHEN CHRISTOPHER SAENZ, AND ARTHUR D. SAENZ, JR.) INTERPLEADER LAW, LLC 5800 One Perkins Place Drive, Suite 2A Baton Rouge, Louisiana 70808 Telephone: (805) 962-4887 Facsimile: (805) 963-7311 william.perry@interpleaderlaw.com One Hundred Sixty Thousand One Hundred Sixteen Dollars and FortySeven Cents ($160,116.47) plus Fifty-Five Percent (55%) of any accumulated interest. 19 20 GUERRA & GUTIERREZ MORTUARIES (Payee) c/o Richard R. Gutierrez (Attorney for GUERRA & GUTIERREZ MORTUARIES) LAW OFFICES OF RICHARD R. GUTIERREZ 5800 East Beverly Blvd. Los Angeles, CA 90022 Phone: 323-722-1900 Facsimile: 323-213-3193 richard@guerragutierrez.com /// /// d) NANCY SOTOMAYOR (Payee) c/o Roberto Lara and Eric L. Davis (Attorneys for NANCY SOTOMAYOR) LARA & DAVIS LLP 350 South Figueroa Street, Suite 505 Los Angeles, California 90071 Telephone: (213) 623-2600 Facsimile: (213) 623-2616 rlara@lidlegal.com edavis@lidelegal.com 28 3 FINAL JUDGMENT; CASE NO.: 2:21-cv-01562 MWF (MRWx) 1 One Hundred Thirty-One Thousand Four Dollars and Thirty-Eight Cents ($131,004.38) plus Forty-Five Percent (45%) of any accumulated interest. 2 3 4 8. IT IS FURTHER ORDERED that LINCOLN and its owners, shareholders, 5 partners, officers, directors, employees, agents, general agents, legal representatives, 6 predecessors, successors, assignees, parent corporations, subsidiaries, affiliates, attorneys, 7 re-insurers, administrators, and insurers shall be, and hereby are, dismissed from this 8 action with prejudice and forever discharged, released and relieved from any and all 9 further liability or responsibility of any kind to Defendants SOTOMAYOR, the SAENZ 10 SIBLINGS, and GUERRA, any other current or subsequently added party to this action, 11 and any other persons or entities whether claiming by, through, or under any said persons 12 or entities, or arising out of or in any way connected with the Policy, any and all proceeds 13 payable under the Policy, the Interpled Funds, this action, and/or the facts set forth herein. 14 9. IT IS FURTHER ORDERED that defendants SOTOMAYOR, the SAENZ 15 SIBLINGS, and GUERRA, and every other current or subsequently added party to this 16 action are, during the pendency of this action and hereafter, permanently enjoined and 17 restrained from instituting, prosecuting, or taking any further steps or proceedings against 18 LINCOLN, its owners, shareholders, partners, officers, directors, employees, agents, 19 general agents, legal representatives, predecessors, successors, assignees, parent 20 corporations, subsidiaries, affiliates, attorneys, re-insurers, administrators, and insurers in 21 any action, suit or proceeding, in any way arising out of or in any way connected with the 22 Policy, the proceeds payable under the Policy, this action, and/or the facts set forth herein. 23 10. 24 prejudice. IT IS FURTHER ORDERED that this matter shall be dismissed with 25 26 27 Dated: June 7, 2022 ________________________________________ 28 4 FINAL JUDGMENT; CASE NO.: 2:21-cv-01562 MWF (MRWx) 1 MICHAEL W. FITZGERALD United States District Judge 2 3 4 cc: Fiscal Services 84206618v.1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 FINAL JUDGMENT; CASE NO.: 2:21-cv-01562 MWF (MRWx)

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.