Fesbinder
DIAL 800 v. Fesbinder
Opinion
Opinion
Turner, J.
I. INTRODUCTION
Plaintiffs, Dial 800, LLC, a California limited liability company and Dial 800, Inc., a California corporation, appeal from an order dismissing their interpleader action filed pursuant to Code of Civil Procedure section 386 against defendants, David Fesbinder, Brenda Fesbinder (the Fesbinders), Michael Rosenblum, and Perpetual International Trading Limited (Perpetual), a Seychelles corporation. Perpetual is wholly owned by Mr. Rosenblum. Defendants are involved in a dispute over ownership interests of shares in plaintiffs. Defendants made conflicting demands to plaintiffs for a distribution of funds in the amount of $65,824. Immediately after plaintiffs filed the interpleader action, they deposited the funds into the superior court. Plaintiffs sought discharge from liability against any claims by defendants for refusing to disburse the money. The Fesbinders have joined plaintiffs’ opening brief on appeal requesting that the order dismissing the interpleader action be reversed.
Mr. Rosenblum, who is a United States citizen and resident of Israel, has not filed a respondent’s brief on appeal. However, in the trial court, Mr. Rosenblum and Perpetual moved…