What is a Motion for Approval of Good Faith Settlement?

Useful Rulings on Motion for Approval of Good Faith Settlement

Recent Rulings on Motion for Approval of Good Faith Settlement

NADIA KINDA, ET AL. V. PANTOJA TRUCKING, INC., ET AL.

Nature of Proceedings: Motion Good Faith Settlement Tentative

  • Hearing

    Sep 28, 2020

DANIEL MCCULLOUGH VS CITY OF LOS ANGELES, A PUBLIC ENTITY, ET AL.

.: 18STCV09107 Hearing Date: September 22, 2020 [Tentative] order RE: MOTION TO CONTEST APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT NOTICE Judge Goorvitch was sworn-in as a Superior Court Judge on December 15, 2015. Prior to that time, Judge Goorvitch made the following campaign contributions to Michael N. Feuer: (1) $100 to Mr. Feuer’s 2008 campaign for the 42nd Assembly District on or about November 9, 2007; (2) $100 to Mr.

  • Hearing

    Sep 22, 2020

DINARA SENARATHNE, ET AL. VS GULBENK KOCAR, ET AL.

Without an order approving a petition for compromise of disputed claim, considering the Motion for determination of good faith settlement would be premature. Accordingly, the Motion is DENIED without prejudice. Dated this 18th day of September 2020 Hon. Edward B. Moreton, Jr. Judge of the Superior Court

  • Hearing

    Sep 18, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

JOHN RODRIGUEZ VS CITY OF IRWINDALE ET AL

Defendant Irwindale’s motion for determination of good faith settlement is GRANTED. Defendant Irwindale (“Defendant”) moves for good faith determination of its settlement with Plaintiff pursuant to CCP § 877.6. Pursuant to Code of Civil Procedure section 877.6, in an action in which two or more parties are alleged to be joint-tortfeasors, they are entitled to a hearing concerning the good faith issue of a settlement.

  • Hearing

    Sep 18, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

BEHNAZ BABAKNIA VS ROCKCREATION INC

BC641488 Hearing Date September 17, 2020 Defendant Rockcreation’s Motion for Determination of Good Faith Settlement Plaintiff sustained injury at defendant Rockreation’s rock-climbing facility. Plaintiff agreed to settle for $45,000 from Rockcreation, which seeks determination of a good faith settlement.

  • Hearing

    Sep 17, 2020

MARCO GARCIA-MARTINEZ VS CITY OF VERNON ET AL

On August 20, 2020, the Court granted Downey’s motion for determination of good faith settlement of Defendants’ cross-complaint in part. On January 9, 2018, Plaintiff filed his operative complaint asserting two causes of action. Relevant for the purposes of this motion, Plaintiff asserts his second cause of action for statutory liability/dangerous condition of public property against Defendants.

  • Hearing

    Sep 17, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

FAY VS ACCELERATED CONSTRUCTION & DEVELOPING

The unopposed application for determination of good faith settlement between Plaintiffs Kevin and Marnie Fay and Defendant ACCI Roofing Services is GRANTED. The Court has taken into consideration the Tech-Bilt factors, and the papers and evidence filed herein. Based upon the foregoing, the Court finds that the settlement between plaintiffs and ACCI Roofing is made in good faith.

  • Hearing

    Sep 17, 2020

  • Type

    Contract

  • Sub Type

    Breach

PAULA DOROTHY THOMAS VS MARCIA DALEY

The application for good faith settlement is GRANTED, and the motion contesting same is DENIED. Defendant to provide notice.

  • Hearing

    Sep 17, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

BARSEGH GHAZARIAN VS VARUZH AZIZIAN ET AL

Motion for Determination of Good Faith Settlement The Court was originally scheduled to hear this motion for determination of good faith settlement on 2/04/20. At issue on the motion is a settlement between Plaintiff and Werner pursuant to which Werner would pay Plaintiff $7,500 in full settlement of all potential claims against it. Werner seeks a good faith determination, and the Azizians oppose the motion.

  • Hearing

    Sep 17, 2020

EVAN PIERCE VS STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION (CALTRANS), A PUBLIC ENTITY, ET AL.

On February 25, 2020, Specially Appearing Cross-Defendant Jane Kiely Davis filed a motion for the determination of good faith settlement.

  • Hearing

    Sep 17, 2020

TAAT VS. FAZELI

Faith Settlement, on the condition that, and upon Settling Defendants’ filing of a notice that complies with California Rules of Court, Rule 3.1382.

  • Hearing

    Sep 17, 2020

ADAM GRAFF AND MAXIM PEVZMER, ET AL

NATURE OF PROCEEDINGS: MOTION A FOR DETERMINATION OF GOOD FAITH SETTLEMENT [CRDF] BRENDA O‘NEILL [CRDF] PATRICK O’NEILL [CRDF] 53 CRESTVIEW LLC RULlNG Cross-Defendants 53 Crestview, LLC, Patrick O’Neill, and Brenda O’Neill (collectively Cross-Defendants) filed this unopposed motion for a Good Faith Settlement Determination.

  • Hearing

    Sep 16, 2020

LETICIA HERNANDEZ, A MINOR, BY AND THROUGH HER GUARDIAN AD LITEM, LETICIA VELAZQUEZ LOPEZ VS LIANA H. UA, ET AL.

Accordingly, the application for determination of good faith settlement is DENIED.

  • Hearing

    Sep 16, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

EFD USA INC ET AL VS BAND PRO FILM AND DIGITAL INC ET AL

CONCLUSION First Option’s motion for determination of good faith settlement is granted. First Option is ordered to give notice.

  • Hearing

    Sep 16, 2020

KALENACK VS COUNTY OF VENTURA

Proc., § 877.6, subd. (d).) "[I]n moving under section 877.6 for a good faith settlement determination, the moving party must set forth the value of the consideration paid and an evidentiary basis for that valuation, and must demonstrate that the valuation 'was reached in a sufficiently adversarial manner to justify the presumption that a reasonable valuation was reached.' [Citations.]

  • Hearing

    Sep 15, 2020

BURAN CHANTHRON VS PASADENA AREA COMMUNITY COLLEGE DISTRICT, ET AL.

The hearing on Motion by Defendant Pasadena Area Community College District to Contest Defendant, Goody Products, Inc.’s Application for Good Faith Settlement is continued to 12/15/2020 to permit the moving party to conduct additional, limited discovery into the potential liability of Defendant Goody Products, Inc. for Plaintiff’s injuries.

  • Hearing

    Sep 15, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

MICHAEL REACH VS JOHN SPAHI, ET AL.,

Defendant Orlando filed an opposition claiming prejudice due to (1) the loss of his right to file a x-complaint against Peter Alevizos and Sheldon Stein due to the Court’s approval of their good faith settlement on 2-28-20 per CCP §877.6(c) and (2) the loss of his right to seek arbitration due to relation back of the 6th Amended Complaint to the 5th Amended Complaint.

  • Hearing

    Sep 15, 2020

  • Judge

    H. Jay Ford

  • County

    Los Angeles County, CA

ORANGE COUNTY WATER DISTRICT VS. SABIC INNOVATIVE PLASTICS US, LLC

MOTION FOR GOOD FAITH SETTLEMENT DETERMINATION The Motion for Determination of Good Faith Settlement brought by Defendant Unisys Corporation is GRANTED pursuant to CCP § 877.6. The Court finds the settlement entered into between Defendant Unisys Corporation and Plaintiff Orange County Water District was made in good faith. The Court further finds the remaining non-settling defendants are entitled to an offset in the amount of $1,058,900. (CCP §877(a)).

  • Hearing

    Sep 11, 2020

TONYA BATES WILSON VS TIONG SAN LIEM ET AL

. § 877.6(d) [“The party asserting the lack of good faith shall have the burden of proof on that issue.”]; L. C. Rudd & Son, Inc. v. Superior Court (1997) 52 Cal.App.4th 742, 748.) A party submitting an application for determination of a good faith settlement meets his or her initial burden by setting forth the terms of the settlement. (City of Grand Terrace v. Superior Court (1987) 192 Cal.

  • Hearing

    Sep 11, 2020

SUPERIOR COURT VS. AAMADOR DELATORREDATE SEPTEMBER TIME AM LINE NUMBER THIS MATTER WILL BE HEARD BY THE HONORABLE JUDGE SOCRATES PETER MANOUKIAN IN DEPARTMENT IN THE OLD COURTHOUSE

ORDER ON MOTION OF JUDGMENT DEBTOR TO APPROVE GOOD FAITH SETTLEMENT. I. Statement of Facts. Plaintiff filed this complaint on 19 February 2010.10 Plaintiff obtained judgment against Defendant Amador Delatorre by default on 7 June 2010. On 15 May 2020, Plaintiff obtained a renewal of judgment against Judgment Debtor Amador Delatorre. Judgment Debtor now files a motion to approve a good faith settlement. At the outset, this Court questions the proof of service.

  • Hearing

    Sep 10, 2020

BONNER VS. SPARGO

Motion for Good Faith Settlement with Lamar Jackson Pursuant to CCP § 877.6, Defendant Spargo moves for a determination of good faith settlement with Plaintiff Lamar Jackson. Lamar Jackson made an initial demand of $800,000. After negotiations with offers and counter demands, Mr. Jackson agreed to a compromise of $400,000. The settlement includes a general release under CCP § 1542, a dismissal of his claims against Richard Spargo, with each party bearing their own costs and fees.

  • Hearing

    Sep 10, 2020

BONNER VS. SPARGO

HEARING ON MOTION TO APPROVE GOOD FAITH SETTLEMENT FILED BY RICHARD SPARGO * TENTATIVE RULING: * Defendant Richard Spargo’s Motion for Determination of Good Faith Settlement with Shaquela Jackson is granted. Ms. Jackson agreed to compromise of $900,000, paid by USAA Insurance on behalf of Defendant Spargo. The Settlement was executed in July 2020. The Settlement includes a general release under Civil Code Section 1542. Ms. Jackson agreed to dismiss all of her claims against Spargo. Ms.

  • Hearing

    Sep 10, 2020

HILL VS POLARIS INDUSTRIES INC

CCP § 877.6(c). However, a good faith determination would not bar a cause of action for express indemnity. C. L. Peck Contractors v. Superior Court (1984) 159 Cal.App.3d 828, 834 ["an indemnity claim against a codefendant based on express contract survives a good faith section 877.6 settlement"].

  • Hearing

    Sep 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

GIUNTA VS CASA MUIRFIELD LLC

It is reasonable that this would be interpreted to include pending Applications for Good Faith Settlement. The Application for Good Faith Settlement served on or about February 24, 2020 was pending at the time of the Court's initial closure due to the COVID pandemic. Thus, pursuant to the General Order of May 13, 2020, the Application was vacated and the Court should not have signed the Application. The Court thus allows moving party to contest the good faith finding.

  • Hearing

    Sep 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

HILL VS POLARIS INDUSTRIES INC

Frawley (2006) 135 Cal.App.4th 1257 "[a] settling tortfeasor's section 877.6, subdivision (c) good faith settlement determination discharges indemnity claims by other tortfeasors, whether or not named as parties, so long as the other tortfeasors were given notice and an opportunity to be heard." Gackstetter, 135 Cal.App.4th at 1273. The evidence before the court is that IMMI received the requisite notice. Singer Co. v.

  • Hearing

    Sep 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

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