Rodriguez v. Banco Popular North America CA2/5
Twenty-two months after her home was made uninhabitable by fire damage, octogenarian Margarita Rodriguez (plaintiff) sued her lender, defendant Banco Popular North America (BPNA, the bank), on a variety of legal theories stemming from BPNA’s failure to disburse any of the insurance proceeds covering the fire loss. Defendant filed a demurrer based on federal preemption and the sufficiency of the allegations. It also filed a verified cross-complaint in interpleader, depositing with the court the insurance proceeds it had been holding, minus the amount it retained to retire the mortgage. Plaintiff in turn demurred to the interpleader cross-complaint, contending interpleader was not appropriate because BPNA was independently liable to her for damages based in part on the delay in disbursing the insurance proceeds.
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