County of Los Angeles v. Construction Laborers Trust Funds

Good Law
137 Cal. App. 4th 410·2006 Cal. App. LEXIS 298·2006 Daily Journal DAR 2749·39 Cal. Rptr. 3d 917·2006 Cal. Daily Op. Serv. 1970
Court of Appeal of CaliforniaMarch 6, 2006B179090California2,338 words

Opinion

Opinion

Flier, J.

The County of Los Angeles admitted that it owed Mohag Construction Co. (Mohag) $255,361 and interpleaded that sum. Appellant Construction Laborers Trust Funds for Southern California Administrative Company, LLC (Trust Funds) and respondent Christian R. Juarez, an attorney, asserted claims, respectively, of $231,364 and $58,014 against the inter-pleaded amount; Developers Surety and Insurance Company (not a party to this appeal) asserted a claim of $68,000. The trial court gave Developers Surety and Insurance Company and Juarez priority over Trust Funds’s claim with the result that Juarez and Developers Surety recovered 100 percent of their claims, and Trust Funds was awarded $114,106. Trust Funds appeals, contending that Juarez’s lien is invalid. We find that Juarez is entitled to the imposition of an equitable lien and affirm.

FACTS

1. The Claims and Claimants to the Interpleaded Funds

Trust Funds is the successor to the American Benefit Plan Administrators, Inc. (ABPA). On January 8, 2001, ABPA obtained in federal court a judgment for $198,285 against Mohag. ABPA appeared as a fiduciary and agent for the collection of employee benefit plans; the judgment was composed…

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