SECTIONS 386-386.6 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 386-386.6

386. (a) A defendant, against whom an action is pending upon a
contract, or for specific personal property, may, at any time before
answer, upon affidavit that a person not a party to the action makes
against him, and without any collusion with him, a demand upon such
contract, or for such property, upon notice to such person and the
adverse party, apply to the court for an order to substitute such
person in his place, and discharge him from liability to either
party, on his depositing in court the amount claimed on the contract,
or delivering the property or its value to such person as the court
may direct; and the court may, in its discretion, make the order; or
such defendant may file a verified cross-complaint in interpleader,
admitting that he has no interest in such amount or such property
claimed, or in a portion of such amount or such property and alleging
that all or such portion of the amount or property is demanded by
parties to such action or cross-action and apply to the court upon
notice to such parties for an order to deliver such property or
portion thereof or its value to such person as the court shall
direct. And whenever conflicting claims are or may be made upon a
person for or relating to personal property, or the performance of an
obligation, or any portion thereof, such person may bring an action
against the conflicting claimants to compel them to interplead and
litigate their several claims. The order of substitution may be made
and the action of interpleader may be maintained, and the applicant
or interpleading party be discharged from liability to all or any of
the conflicting claimants, although their titles or claims have not a
common origin, or are not identical but are adverse to and
independent of one another.
(b) 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.
(c) Any amount which a plaintiff or cross-complainant admits to be
payable may be deposited by him with the clerk of the court at the
time of the filing of the complaint or cross-complaint in
interpleader without first obtaining an order of the court therefor.
Any interest on amounts deposited and any right to damages for
detention of property so delivered, or its value, shall cease to
accrue after the date of such deposit or delivery.
(d) A defendant named in a complaint to compel conflicting
claimants to interplead and litigate their claims, or a defendant
named in a cross-complaint in interpleader, may, in lieu of or in
addition to any other pleading, file an answer to the complaint or
cross-complaint which shall be served upon all other parties to the
action and which shall contain allegations of fact as to his
ownership of or other interest in the amount or property and any
affirmative defenses and relief requested. The allegations in such
answer shall be deemed denied by all other parties to the action,
unless otherwise admitted in the pleadings.
(e) Except in cases where by the law a right to a jury trial is
now given, conflicting claims to funds or property or the value
thereof so deposited or delivered shall be deemed issues triable by
the court, and such issues may be first tried. In the event the
amount deposited shall be less than the amount claimed to be due by
one or more of the conflicting claimants thereto, or in the event the
property or the value thereof delivered is less than all of the
property or the value thereof claimed by one or more of such
conflicting claimants, any issues of fact involved in determining
whether there is a deficiency in such deposit or delivery shall be
tried by the court or a jury as provided in Title 8 (commencing with
Section 577) of Part 2 of this code.
(f) After any such complaint or cross-complaint in interpleader
has been filed, the court in which it is filed may enter its order
restraining all parties to the action from instituting or further
prosecuting any other proceeding in any court in this state affecting
the rights and obligations as between the parties to the
interpleader until further order of the court.

386.1. Where a deposit has been made pursuant to Section 386, the
court shall, upon the application of any party to the action, order
such deposit to be invested in an insured interest-bearing account.
Interest on such amount shall be allocated to the parties in the same
proportion as the original funds are allocated.

386.5. Where the only relief sought against one of the defendants
is the payment of a stated amount of money alleged to be wrongfully
withheld, such defendant may, upon affidavit that he is a mere
stakeholder with no interest in the amount or any portion thereof and
that conflicting demands have been made upon him for the amount by
parties to the action, upon notice to such parties, apply to the
court for an order discharging him from liability and dismissing him
from the action on his depositing with the clerk of the court the
amount in dispute and the court may, in its discretion, make such
order.

386.6. (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.