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California Forms of Pleading and Practice--Annotated
 
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


27-314 California Forms of Pleading and Practice--Annotated 314.syn


Title

Interpleader

Author

Expert Practitioners, Judges, and the Matthew Bender Editorial Staff

Chapter Summary


ABSTRACT TEXT:

This chapter discusses and contains forms for use in actions and cross-actions in interpleader, which involves multiple claimants litigating their claims in a single proceeding. Specifically, the chapter examines the nature of a suit in interpleader, situations in which the interpleader remedy is available, the scope of the interpleader remedy, procedural contexts in which interpleader may be raised, and the concept of the two-stage proceeding. The chapter also reviews the abrogation of the requirement of identical claims of a common origin, partial interpleader and the relaxation of the requirement of a disinterested plaintiff, and trial of issues raised by partial interpleader.

Additionally, the chapter discusses the independent liability of the interpleading party to a claimant, and immunity of the interpleader plaintiff from tort liability. It further reviews miscellaneous procedural matters, such as the deposit of the amount in dispute or delivery of the property, costs and attorney's fees, and the appealability of an order of discharge.

The chapter contains several forms to aid the practitioner, including complaints and cross-complaints in interpleader; an answer to an interpleader action; forms of an order to show cause and temporary restraining order; a preliminary injunction to restrain the prosecution or institution of other actions affecting the rights and obligations of the parties to the interpleader; forms for use in a proceeding for discharge of an interpleading party; and forms of statements of decisions and final judgments on complaints in interpleader.

California Forms of Pleading and Practice (Matthew Bender)provides detailed analysis of the law, plus timesaving forms, checklists, and research guides. It covers all aspects of procedure in civil actions and proceedings, from pleadings to appeal, including arbitration and mediation; complaints, answers, and demurrers; and discovery. It offers encyclopedic coverage of all civil practice areas, including business and commercial law; civil rights; real estate; and torts. It also covers attorney practice and ethics and features regular updates on all relevant California and federal legislation, administrative regulations and procedures, judicial decisions, and California Rules of Court.

CORE TERMS:

Interpleader,Suit in Interpleader,Scope of Interpleader Remedy,Interpleader by Plaintiff,Interpleader by Defendant,Identical Claims of Common Origin,Partial Interpleader,Disinterested Plaintiff,Interpleader Plaintiff Immunity from Tort Liability,Deposit of Amount in Dispute,Delivery of Property,Costs,Attorney Fees,Orders of Discharge

RELATED CHAPTERS: (View)

For discussion and forms relating to parties generally, see Chapter 395, Parties.

For forms of complaints in interpleader involving bank deposits, see Chapter 95, Banks, Deposits, and Checks.

For alternative forms of cross-complaints, see Chapter 123, Complaints and Cross Complaints.

For a form of complaint in interpleader by a surety against claimants on a statutory bond, see Chapter 538, Suretyship, Bonds, and Undertakings.

OTHER RELATED PUBLICATIONS:

For forms of memoranda of points and authorities relating to interpleader actions, see California Points & Authorities (Matthew Bender), Chapter 123, Interpleader.

For practice assistance with interpleader in California state courts and related forms, see Matthew Bender(R) Practice Guide: California Pretrial Civil Procedure (Matthew Bender), Chapter 5, Parties.

For examination of interpleader actions in California federal courts, see Matthew Bender(R) Practice Guide: Federal Pretrial Civil Procedure in California (Matthew Bender), Chapter 4, Determining Parties to the Action.
 
 
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