California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 3 — Of the Parties to Civil Actions, Chapter 6 — Interpleader, Section 386.5

Where the only relief sought against one of the defendants is the payment of a stated amount of money alleged to be wrongfully withheld, such defendant may, upon affidavit that he is a mere stakeholder with no interest in the amount or any portion thereof and that conflicting demands have been made upon him for the amount by parties to the action, upon notice to such parties, apply to the court for an order discharging him from liability and dismissing him from the action on his depositing with the clerk of the court the amount in dispute and the court may, in its discretion, make such order.

Notes

Allows a defendant sued only for a stated amount allegedly withheld to seek discharge and dismissal after declaring by affidavit that the defendant is a disinterested stakeholder facing conflicting claims, giving notice to the claimants, and depositing the disputed amount with the court clerk. Leaves the discharge and dismissal order to the court’s discretion.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 386.5 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-3/chapter-6/section-386-5

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