What is an Opposition to Application for Determination of Good Faith Settlement?

Useful Rulings on Opposition to Application for Determination of Good Faith Settlement

Recent Rulings on Opposition to Application for Determination of Good Faith Settlement

ANGELINA BELARSKI VS. BRITTANY ARNOLD

HEARING ON MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT FILED BY JAMIE HAMRICK * TENTATIVE RULING: * Counsel to appear. In her motion for a determination of good faith settlement (“Motion”), defendant Jamie Hamrick has made several typographical errors. She states that the settlement amount is allocated between each of the three plaintiffs in the amount of “Seventeen-Thousand Five Hundred Dollars ($7.500.00)” each. (See Motion, 3:3-12; Decl. of Roger D. Yuen, ¶4.)

  • Hearing

    Oct 01, 2020

JUAN PALMA ET AL VS KAISER FOUNDATION HEALTH PLAN INC ET AL

On January 16, 2019, the “Order Re: Application for Determination of Good Faith Settlement” as between Plaintiffs and KFH, SCPMG, KFHPI and Shah was filed. On June 27, 2019, a second Notice of Settlement was filed as between Plaintiffs and Aviation. On July 23, 2019, an “Order Re Amended Application for Determination of Good Faith Settlement of Cross-Defendant, Aviation West Charters, LLC dba Angel Medflight World Wide Air Ambulance” was filed. On July 23, 2019, an “Order re Defendant Lew B. Disney.

  • Hearing

    Oct 01, 2020

SAMUEL THOMAS VS. GREENDAY FINANCE I, LLC

Sunsystem & Bibi On April 2, 2020, Sunsystem filed a motion for determination of good faith settlement by Sunsystem and Plaintiff. The motion was granted on August 11, 2020. On April 16, 2020, Bibi filed a motion for determination of good faith by Bibi and Plaintiff. On May 11, 2020, Greenday filed a motion contesting application for good faith settlement. On August 7, 2020, Greenday’s motion was denied. On August 26, 2020, Bibi and Sunsystem were dismissed from Plaintiff’s FAC.

  • Hearing

    Oct 01, 2020

  • Type

    Contract

  • Sub Type

    Breach

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

LA LIVE PROPERTIES, LLC, A DELAWARE LIMITED LIABILITY COMPANY VS KA WAIKWAN, AN INDIVIDUAL, ET AL.

On July 15, 2020, the Court granted Kerry Moy, Kai Wai Kwan, and LA Live Properties, LLC’s motion for determination of good faith settlement. On July 20, 2020, Plaintiff filed amendments to the complaint, replacing DOE 1 with Triple 8 Holding Company, LLC, DOE 2 with Kin Hui, and DOE 3 with Tasty Dining Group, LLC. On July 30, 2020, pursuant to Plaintiff’s request, the Court dismissed Kerry Moy and Ka Wai Kwan from this action.

  • Hearing

    Sep 29, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

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

Nature of Proceedings: Motion Good Faith Settlement Nadia Kinda, et al., v. Pantoja Trucking, Inc., et al. (Judge Sterne) Case No. 18CV03753 Hearing Date: September 28, 2020 HEARING: Motion of Plaintiff Linda Rosas Vilchis Balcazar for Determination of Good Faith Settlement ATTORNEYS: For Plaintiffs Nadia Kinda, Vlad Kinda, and Salomat Khasanova: John Hunter For Plaintiff Linda Rosas Vilchis Balcazar: Brian Chase, Scott Ritsema, Bisnar Chase; Hussein A.

  • Hearing

    Sep 28, 2020

NATURAL HEALTH FOUNTAIN, INC., ET AL VS. KENNETH CHEN, ET AL

THE MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT IS GRANTED . DATE: _______________ _______________________________ JUDGE

  • Hearing

    Sep 25, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ZAKY VS. ALHASSAN

Defendant Access Transportation’s motion for determination of good faith settlement. No opposition. Motion granted. Moving party to give notice.

  • Hearing

    Sep 25, 2020

JAIMIE VALENZUELA, ET AL. VS MARTIN ANDALUZ ABARCA, ET AL.

On April 30, 2020, an “Order on R&R Auto Group, Inc.’s Application for Determination of Good Faith Settlement” was filed. On June 22, 2020, Plaintiff dismissed R&R with prejudice. On July 2, 2020, U-Haul’s, eMove’s, Kham’s, Grand Super Center, Inc., N. Abdelrahman’s, H Mart—Grand Super Center, Inc.’s and K. Abdelrahman’s defaults were entered. On July 2, 2020, Plaintiff filed an “Amendment to Complaint,” wherein Ahmed Abdelrahman (“A. Abdelrahman”) was named in lieu of Doe 204.

  • Hearing

    Sep 23, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

HANOKH GOLSHIRAZIAN, ET AL., VS NICK CONSTRUCTION & DEV. INC

“A motion or application for determination of good faith settlement may include a request to dismiss a pleading or a portion of a pleading. The notice of motion or application for determination of good faith settlement must list each party and pleading or portion of pleading affected by the settlement and the date on which the affected pleading was filed.” (CRC Rule 3.1382.) Analysis Amo Air Plus, Inc. (“Amo”) seeks a determination of a good faith settlement.

  • Hearing

    Sep 22, 2020

JOSEFINA ROBLES VS ST FRANCIS MEDICAL CENTER ET AL

Analysis This is an uncontested application for determination of good-faith settlement. Only when the application is contested is it “incumbent upon the trial court to consider and weigh the Tech-Bilt factors.” (City of Grant Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261.) Having reviewed the settlement terms and absent an opposition the Court finds the settlement is in good faith. The motion for determination of good faith settlement is granted.

  • Hearing

    Sep 22, 2020

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

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

ANCIRA MATEO, A MINOR, BY AND THROUGH HIS GUARDIAN AD LITEM YOLANDA FRIAS VS ST. FRANCIS MEDICAL CENTER, ET AL.

Analysis This is an uncontested application for determination of good-faith settlement. Only when the application is contested is it “incumbent upon the trial court to consider and weigh the Tech-Bilt factors.” (City of Grant Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261.) Having reviewed the settlement terms Court finds no factors, absent an opposition, suggesting the settlement is in bad faith. The motion for determination of good faith is granted.

  • Hearing

    Sep 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

JONES VS. BZDAWKA

Tentative Ruling on Motion for Determination of Good Faith Settlement Jones v. Bzdawka, Case No. 2018-31273 Sept. 25, 2020, 1:30 p.m., Dept. 72 1. Overview and Procedural Posture. This is a personal injury case arising out of an automobile accident on June 26, 2016 on the northbound Interstate 5 in San Diego near the 5/805 "merge." Plaintiff alleges he was the passenger in a limousine at the time of the accident. The Judicial Council form complaint was filed in June 2018.

  • Hearing

    Sep 21, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

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

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

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

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

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

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

. _____________________________________________ The following is the Court's tentative decision concerning the motion of defendant and cross-defendant, County of Ventura ("County"), for a determination of good faith settlement as to the Complaint of plaintiff, Charlotte Kalenack ("Kalenack"): Opposition The motion is opposed by defendant and cross-complainant, Charter Communications, Inc. ("Charter"). The motion is not opposed by any other party.

  • Hearing

    Sep 15, 2020

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

BONNER VS. SPARGO

However, Defendant points out that an opposition to a motion for good faith settlement is not likely the proper vehicle to assert arguments against standing for a wrongful death action. Ms. Bonner has not filed a Declaratory Relief Action or filed a Probate Action or sought any order from the Family Court. The Court agrees with Defendant that the Court is not making a determination of Mr. Jackson’s standing to bring a wrongful death action, on this motion to determine good faith settlement.

  • Hearing

    Sep 10, 2020

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