Motion for interpleader of funds regarding settlement for Carlos Rodriguez's death.

DeMaria Law Firm, A.P.C.
Anthony N. DeMaria, #177894
ademaria@demarialawfirm.com
1684 W. Shaw Avenue, Suite 101
Fresno, California 93711
Telephone: (559) 206-2410
Facsimile: (559) 570-0126


Attorneys for Plaintiff, MERCURY
INSURANCE COMPANY 

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF FRESNO 
In Re: Carlos Rodriguez 

Case No. 21CECG02536

NOTICE OF PLAINTIFF'S MOTION AND
MOTION TO FILE AN INTERPLEADER
OF FUNDS AND DISCHARGE OF LIABILITY
 
Judge:  Hon. Kristi C. Kapetan
Date:     May 19, 2026
Time:     3:30 p.m.
Dept.:    502 
    
   TO THIS HONORABLE COURT, AND TO DEFENDANTS: 
   PLEASE TAKE NOTICE that on May 19, 2026, at 3:30 p.m., or as soon thereafter as the matter may be heard, in Department 502 of the above-entitled Superior Court, located at 1130 O  Street, Fresno, California 93721, Plaintiff MERCURY INSURANCE COMPANY (hereinafter referred to as "Plaintiff'), will move this Court for an Interpleader of Funds requesting this Court to grant discharge of liability for Plaintiff against Defendants CARLOS RODRIGUEZ, RONNIE RODRIGUEZ JR., ADRIANNA RODRIGUEZ, CHRISTINA RODRIGUEZ, RAQUEL RODRIGUEZ, and MICHELLE MADERO RODRIGUEZ ("Defendants"). 
   Good cause exists for this Application pursuant to California Code of Civil Procedure CCCP") § 386(b) and § 386(c). It is well settled that the interpleader proceeding allows a person who is subject to conflicting claims for the money to file an interpleader action, admit liability, and deposit funds with the Court, after which they are discharged from liability and freed from obligatorily participating in and proceeding with the claimants' litigation. (See Principal Life Ins. Co. v. Peterson (2007) 156 Cal.App.4"" 676.) Plaintiff is well within the CCP time to file and serve a Motion to Interplead Funds, and only seek the Court's Order to discharge liability as stipulated in CCP § 386(c). 
   This interpleader is required because a settlement was reached with Rochelle Rodriguez, for a $6,500.00 settlement with Plaintiff arising out of the death of Carlos Rodriguez. After signing the release and settlement agreement Rochelle Rodriguez died apparently intestate, leaving unclear to Plaintiff to whom to the settlement funds should now be paid. Plaintiff is merely requesting an|1nterpleader of funds and discharge of liability given the substantial possibility of a multiplicity of suits or challenges for payment of the settlement funds which would require Plaintiff to expend resources litigating a matter it is a mere stakeholder in. Plaintiff is still within the time to file and Serve timely their Motion to File an Interpleader of Funds and Discharge of Liability. Furthermore, failure to grant this motion will cause additional expenses given the appearance of multiple claims which may lead to a multiplicity of suits. If Plaintiff is subject to such a multiplicity of claims, those suits will force the expenditure of resources litigating a matter Plaintiff is merely a stakeholder in. Therefore, Mercury Insurance Company will contemporaneously deposit these funds to the Court to be disbursed in this equitable proceeding. For this reason, Plaintiff respectfully asks this Court to dismiss it from this litigation once the settlement funds have been interplead to the Court. Absent a dismissal, Plaintiff will be subject to a multiplicity of suits arising from Mrs. Rodriguez's heirs,  which will then lead to the unwarranted expenditure of litigation resources. 
   This motion is based on this notice of motion and motion, the declaration of Brian K. Chin, the pleadings, and papers on file herein, and on the oral or documentary evidence and argument requested or presented at the hearing. 

Dated: February 2, 2026                           DEMARIA LAW FIRM, APC
                                                                /s/Anthony N. DeMaria 
                                                                Attorney for Plaintiff 
                                                                MERCURY INSURANCE COMPANY

Should any party assert that they are a potential heir, they may call DeMaria Law Firm, A.P.C. at (559) 206-2410 and request the full motion, inclusive of all supporting documents.
IPL0312050
Feb 11,18,25,Mar 4 2026