Motion Types Legal Issues

What is a Motion for Approval Good Faith Settlement?

Most Useful Motion for Approval Good Faith Settlement Examples

Recent Examples of Motion for Approval Good Faith Settlement

1-25 of 500 results

JT LEGAL GROUP VS. IAN ADAM GLEASON, ET AL

...(“Assurant”) in order to protect itself, since Gleason refused to purchase separate insurance. Following the fire, Assurant and Wells Fargo refused to deal with Gleason. Plaintiff ultimately negotiated a settlement of the underlying matter for full policy limits, but Wells Fargo refused to endorse the check. Plaintiff alleges, unbeknownst to it, Wells Fargo had contacted Gleason and informed him that Plaintiff’s...

...2018, alleges causes of action for: (1) fraud – intentional misrepresentation; (2) negligent misrepresentation; (3) fraud – false promise; (4) breach of contract; (5) breach of implied covenant of good faith and fair dealing; (6) breach of oral contract; (7) unjust enrichment; (8) conversion; (9) unfair business practices; (10) intentional interference with economic relation; (11) negligent interference w...

  • Hearing

    Feb 21, 2020

CARMEN TAYLOR-JONES, ET AL. VS JASMINE PIMENTEL, ET AL.

# 8. Carmen Taylor-Jones, et al. v. Jasmin Pimentel, et al. Case No.: 18STCV06432 Matter on calendar for: Motion for Determination of Good Faith Settlement Tentative ruling: Background This is a personal injury action arising from an automobile collision at the intersection of Willowbrook Avenue and Alondra Boulevard. Plaintiffs Carmen Taylor-Jones an...

...the Court for a determination of good faith. The City of Compton opposes the motion. The Court has considered the motion, opposition, and reply. For the reasons set forth below, the Court grants the motion. Standard California Code of Civil Procedure § 877.6(b) allows a party to request a trial court’s ruling determining a settlement was made in good-faith. A determination of good faith bars “joint to...

  • Hearing

    Feb 20, 2020

PARKER V. SURTERRE PROPERTIES, INC.

The motion of the plaintiffs for a good faith settlement determination of their settlement with Ronald and Joette Bradshaw is GRANTED. The court finds that the $40,000 settlement is within the reasonable range of the Bradshaw’s share of liability for the damages to the plaintiffs. The plaintiffs shall prepare the appropriate order and give notice.

  • Hearing

    Feb 20, 2020

LYSA GRIGORIAN VS HAIG PAPAIAN, ET AL.

...surreptitiously operated Exclusively out of the Commerce Club’s administrative offices and the Commerce Club’s address as its own. Papaian and Nguyen caused Exclusively to use the Commerce Club’s logo on promotional materials in order to suggest that Exclusively was a division or affiliate of Commerce. In March 2016, Papaian and Nguyen secretly caused the Commerce Club to enter into an exclusive event catering...

...permitted. Then Papaian, with the aid of Steve Ledbetter (“Ledbetter”), the Commerce Club’s nominal corporate counsel, used company resources to unilaterally hire outside counsel, without Board knowledge or approval, in an effort to indirectly chastise Grigorian and prevent future communications between any of the directors and Commerce Club staff. Following the termination of the Exclusively Agreement, Papaian ...

  • Hearing

    Feb 20, 2020

HERNANDEZ V. REHAB SOLUTIONS

The unopposed motion of cross-complainant and cross-defendant Oceans Medical Staffing, Inc., for determination of good faith settlement is GRANTED. The moving party shall give notice and prepare the appropriate order.

  • Hearing

    Feb 20, 2020

ENRIQUE ALARCON VS ARTURO VEGA REYES ET AL

Motion to Challenge to Application for Good Faith Settlement by Defendant Hyunjoon Jee is DENIED. Defendant Hyunjoon Jee challenges the application for good faith settlement, filed June 27, 2019, between Plaintiff Enrique Alarcon and Defendants Arturo Vega Reyes, Donna Cisco, and Fernando Berrocal (“settling defendants”). The burden of establishing that a settlement was ...

...collusion. The Court thus denies the motion to challenge the good faith of the settlement and finds the settlement to be in good faith. The settling parties are to provide a proposed order approving the good faith settlement. Moving party is ordered to give notice.

  • Hearing

    Feb 19, 2020

ALPHA CUBED INVESTMENTS, LLC V. EDGE PORTFOLIO MANAGEMENT, LLC

...Investments, LLC [“ACI]” against defendants Edge Portfolio Management, LLC [“Edge”], Edward Meek, and John Smith IV, alleges causes of action for: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) intentional interference with contractual relations; (4) intentional interference with prospective economic advantages; (5) misappropriation of trade secrets; (6) unfair competit...

...state facts sufficient to constitute a C/A and uncertainty (CCP § 430.10(e), (f)). Motion #2 seeks an order striking allegations re: punitive damages and demand for jury trial (CCP §§ 435, 436) Analysis: Motion No. 1: Demurrer Relevant allegations of complaint The relevant allegations of the complaint are as follows: 9. ACI [plaintiff] is an, independent, SEC-registered investment advisory company. Its prima...

  • Hearing

    Feb 19, 2020

FRANCES MCLEOD ET AL. VS STATE OF CALIFORNIA ET AL.

Both of the motions for determination of good faith settlement are granted as the factors set forth in the case law under CCP 877.6 have been met and sufficient time has elapsed since the motions were filed for all parties to discover all relevant facts to these ...

  • Hearing

    Feb 19, 2020

ELVIA A ESPINOZA VS LAX IN FLITE SERVICES LLC

Elvia A. Espinoza v. LAX In-Flite Services, LLC, et al. MOTION FOR ATTORNEY’S FEES MOVING PARTY: Plaintiff Elvia A. Espinoza RESPONDING PARTY(S): Defendants LAX In-Flite Services, LLC and Royal Airline Linen, Inc. (separate oppositions) STATEMENT OF MATERIAL F...

...violations, as well as unfair competition and conversion. The parties settled for $19,000. Plaintiff moves for attorney’s fees as the prevailing party. TENTATIVE RULING: Plaintiff Elvia A. Espinoza’s motion for attorney’s fees is GRANTED in the amount of $30,000 in attorney’s fees, which the Court finds to be the reasonable total amount of attorney’s fees incurred in connection with this action, and $2,9...

  • Hearing

    Feb 18, 2020

AXIS HOMEOWNERS ASSOCIATION V. ALMADEN TOWER VENTURE, LLC, ET AL.

...OF SANTA CLARA 13 AXIS HOMEOWNERS ASSOCIATION, a California nonprofit mutual benefit corporation 14 TENTATIVE RULING RE: MOTION Plaintiff, FOR GOOD FAITH SETTLEMENT; 15 MOTION OPPOSING GOOD FAITH vs. SETTLEMENT 17 California limited liability company; and DOES 1 to 100, inclusive, The above-entitled action comes on for hearing before the Honorable Patricia M. Lucas 21 on February 14, 2020 at 9:00 a.m. in...

...BMC argues therefore that this is within BMC’s 8 proportionate share of liability. 9 Non-settling party Acco Engineered Systems, Inc. (“Acco”) has filed a motion opposing 10 the request for good faith settlement determination. Acco argues BMC has not provided 11 sufficient information for the Court to weigh the Tech-Bilt factors. Acco states BMC did not 12 provide information regarding Plaintiff’s expected to...

  • Hearing

    Feb 14, 2020

DERRICK KIM, AN INDIVIDUAL VS ROCHELLE H. STERLING, AN INDIVIDUAL, ET AL.

...COUNTY OF LOS ANGELES - CENTRAL DISTRICT DERRICK KIM, Plaintiff(s), vs. CITY OF LOS ANGELES, ET AL., Defendant(s). CASE NO: 19STCV03466 [TENTATIVE] ORDER GRANTING MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT Dept. 31 1:30 p.m. February 14, 2020 Plaintiff, Derrick Kim filed this action against Defendants, City of Los Angeles, County of Los Angeles, Sterling Family Trust, Rochelle H. Sterling, and Metro...

...Defendant, Rochelle Sterling, as Trustee of the Sterling Family Trust, has agreed to settle all claims with Plaintiff for $2500. Defendant seeks an order from the Court finding that the settlement is in good faith. Defendant timely and properly served the moving papers on all other defendants in the action. Any opposition to the motion was due on or before 1/31/20. No party has filed opposition to the motion. ...

  • Hearing

    Feb 14, 2020

KUMAR V. KOHS

...Regional Planning Agency (TRPA) related to the same subject matter as this action. (Case Number SC-20170202.) The action was voluntarily dismissed by plaintiff. (Declaration of Plaintiff in Opposition to Motion, paragraphs 27 and 28.) Plaintiff later filed the initial complaint in this action on November 15, 2018. The first amended complaint was filed on July 25, 2019. The first amended complaint asserts the...

...statutes of limitation and plaintiff has known for almost two years that the causes of action are time barred; and plaintiff is estopped from challenging the transfer of coverage. Plaintiff opposes the motion on the following grounds: the 2004 and 2007 agreements and powers of attorney are invalid instruments that are not enforceable against successors in interest and did not transfer an interest in real p...

  • Hearing

    Feb 14, 2020

WVBAGD, LLC VS GREG GALLETLY, ET AL.

TENTATIVE RULING Calendar: 13 Date: 2/14/20 Case No: EC 068581 Trial Date: None Set Case Name: WVBAGD, LLC v. Galletly, et al. MOTION TO COMPEL FURTHER RESPONSES TO DISCOVERY Moving Party: Plaintiff WVBAGD, LLC Responding Party: Cross-Complainants Bradley Barnes and BABBB, LLC RELIEF REQUESTED: Further Responses to Form Interrog...

...§§ 2015.5, 2030(l): ok Reasonable and good faith attempt to resolve informally: ok, Exhibits 13, 14 CHRONOLOGY Date Discovery served: August 19, 2019 Date Responses served: October 29, 2019 Date Motion served: December 13, 2019 Timely FACTUAL BACKGROUND Plaintiff WVBAGD, LLC alleges that it is the successor in interest to Dove Street Capital Lenders, which loaned the Borrower Defendants, BABBB, LL...

  • Hearing

    Feb 14, 2020

ALLISON BOHRMAN VS JOHNNY C. SEAMONS, ET AL

[TENTATIVE] ORDER RE: MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT On September 25, 2018, plaintiff Allison Bohrman filed this action against defendants Johnny C. Seamons, Bennett International Group, LLC, and Bennett Motor Express, LLC (collectively, “Settling Defe...

...with Settling Defendants on November 28, 2016 and another accident on February 8, 2017 with Lhullier. Plaintiff and Settling Defendants have agreed to settle for $27,501.00 and seek a determination of good faith settlement. No party filed an opposition. The Court must approve any settlement entered into by less than all joint tortfeasors or co-obligors. (Code Civ. Proc., § 877.6.) To demonstrate a lack...

  • Hearing

    Feb 13, 2020

AIMEE HERNANDEZ ET AL VS ANNETTE GREEN ET AL

...this matter is now set for March 16, 2020. Defendant Green now moves the Court for determination of good faith settlement as to Plaintiffs in this action. City filed a notice of non-opposition to the motion. City and Green have each dismissed their cross-complaints against the other. Discussion Pursuant to California Rules of Court Rule 3.1382, “a motion or application for determination of good faith s...

...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.” The notice of motion substantially complies with this requirement but omits the pleading affected by the settlement and the date it was filed. However, the Court does not find the omission fatal to the motion as the only ...

  • Hearing

    Feb 13, 2020

WOOD VS FEDERAL HOME LOANS CORPORATION INC

The unopposed motion for determination of good faith settlement, filed by defendants and cross-complainants Miramar Financial Group, Inc. and Steven Lee Salas ("Miramar Defendants"), is granted. This ruling bars any other joint tortfeasor or co-obligor from any fu...

...estate loan due to fraud. The circumstances giving rise to this action are detailed in the Court's ruling on defendants' motion for summary judgment. ROA # 90. 1. Motion for Determination of Good Faith Settlement On the eve of trial plaintiffs settled with the Miramar Defendants for $40,000. Plaintiffs' and the Miramar Defendants' claims against defendants Federal Home Loans Corporation, Inc. Evangeline Micha...

  • Hearing

    Feb 13, 2020

WOOD VS FEDERAL HOME LOANS CORPORATION INC

The unopposed motion for determination of good faith settlement, filed by defendants and cross-complainants Miramar Financial Group, Inc. and Steven Lee Salas ("Miramar Defendants"), is granted. This ruling bars any other joint tortfeasor or co-obligor from any fu...

...estate loan due to fraud. The circumstances giving rise to this action are detailed in the Court's ruling on defendants' motion for summary judgment. ROA # 90. 1. Motion for Determination of Good Faith Settlement On the eve of trial plaintiffs settled with the Miramar Defendants for $40,000. Plaintiffs' and the Miramar Defendants' claims against defendants Federal Home Loans Corporation, Inc. Evangeline Micha...

  • Hearing

    Feb 13, 2020

MASS VS CITY OF SAN DIEGO

The Motion (ROA # 87) of Plaintiffs HOWARD JAMES MASS and NANCY MASS, individually and as Trustees of Mass Family Trust Dated December 21, 2007, and JEANINE COFFMAN ("Plaintiffs") for an order, pursuant to Cal. ...

...v. Dumrichob (1998) 63 Cal. App. 4th 1258, 1262. To effectuate the purpose of the statute, a section 998 offer must be made in good faith to be valid. Id. Good faith requires that the pretrial offer of settlement be realistically reasonable under the circumstances of the particular case. Id. The offer must carry with it some reasonable prospect of acceptance. Id. "One having no expectation that his or her offe...

  • Hearing

    Feb 13, 2020

AVETOOM V. RISBROUGH

The Court must grant Plaintiff Avetoom’s motion to enforce the settlement and enter judgment under CCP § 664.6. The Court finds that there was a valid and enforceable settlement entered into. The opposition argues that judgment should not be entered because there hasn’t been a breach of the settlement terms. But CCP 664.6, does not require there to be a breach for a judgment ...

...whether the parties are performing or not performing a settlement. (See Viejo Bancorp, Inc. v. Wood (1989) 217 Cal.App.3d 200, 209 n.4.) The Court may receive evidence and determine disputed facts upon the motion. Although it is not authorized to create new terms, the Court can interpret the terms and decide what terms the parties themselves agreed to. (Leeman v. Adams Extract & Spice, LLC (2015) 236 Cal.App.4...

  • Hearing

    Feb 13, 2020

NATIONAL JIB FRANCHISEE ASSOCIATION INC VS JACK IN THE BOX INC

...Plaintiff and JIB created the Franchise Advisory Council ("FAC"), which was composed of NFA members who "would consult and provide feedback to JIB on a variety of its initiatives." (SAC, ¶ 24.) The 1999 Settlement Agreement provides "a subcommittee of FAC members may review on a semi-annual basis various items of information concerning the Marketing Fund including expenditures, budgets and reports." (SAC, ¶ 37....

...campaign strategies, and allocation of funds among seasons and geographic areas, shall be at the sole and absolute discretion of JIB, as JIB shall from time to time determine. (SAC, Exhibit 3.) The 1999 Settlement Agreement also provides "a review concerning the Marketing Fund will be provided by the Company's independent public accountants/auditors and communicated to Association members." (SAC, ¶ 37.) Plaint...

  • Hearing

    Feb 13, 2020

NATIONAL JIB FRANCHISEE ASSOCIATION INC VS JACK IN THE BOX INC

...Plaintiff and JIB created the Franchise Advisory Council ("FAC"), which was composed of NFA members who "would consult and provide feedback to JIB on a variety of its initiatives." (SAC, ¶ 24.) The 1999 Settlement Agreement provides "a subcommittee of FAC members may review on a semi-annual basis various items of information concerning the Marketing Fund including expenditures, budgets and reports." (SAC, ¶ 37....

...campaign strategies, and allocation of funds among seasons and geographic areas, shall be at the sole and absolute discretion of JIB, as JIB shall from time to time determine. (SAC, Exhibit 3.) The 1999 Settlement Agreement also provides "a review concerning the Marketing Fund will be provided by the Company's independent public accountants/auditors and communicated to Association members." (SAC, ¶ 37.) Plaint...

  • Hearing

    Feb 13, 2020

JORGE C VS. JOEL SYNDER MD

...and San Diego Pediatrics' motion for good faith settlement determination is denied. While court records show that Defendants filed a memorandum of points and authorities, a declaration in support of the motion, a proposed order and a proof of service, absent from the court file is a notice of motion as required under California Rules of Court, Rule 3.1112(a)(1). Also, the moving papers identify the "amount ...

  • Hearing

    Feb 13, 2020

KENNETH ROSENBERG V. BMW OF NORTH AMERICA, LLC

...interposes various objections to the evidence submitted in support of Plaintiff’s motion. However, there is no authority that the Court must rule on evidentiary objections made in connection with a discovery motion. The Court, therefore, declines to rule on BMW’s evidentiary objections. III. Meet and Confer Preliminarily, BMW contends that Plaintiff failed to adequately meet and confer in good faith because it...

...responses to requests for production of documents shall be accompanied by a meet and confer declaration “showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (Code Civ. Proc., §§ 2016.040, 2031.310, subd. (b)(2).) The rule requiring parties to meet and confer is designed “ ‘to encourage the parties to work out their differences informally so as to avoid ...

  • Hearing

    Feb 13, 2020

MERRYFIELDS V. STEVE DIMAGGIO INC., ET AL.

...Professions Code section 7160 (against Di Maggio Construction and Steve Di Maggio); 4) Negligence per se (against Di Maggio Construction and Steve Di Maggio); 5) Breach of the implied covenant of good faith and fair dealing (against Di Maggio Construction and Steve Di Maggio); and, 6) Recovery on contractor’s license bond (against BAIC). BAIC moves to strike allegations of paragraph 42 of the complaint...

...extra- contractual damages and attorney fees and costs, and paragraphs 1-3 of the prayer of the complaint for general damages, special damages and attorney fees. In opposition, Plaintiff argues that the motion to strike was not timely and that there was inadequate meet and confer. Meet and confer Here, the issue as to BAIC is fairly limited and thus meet and confer need not be of extended duration. BAIC’s...

  • Hearing

    Feb 13, 2020

CINDY CONTRERAS VS ARAKELOV ANDRANIK

Motion for Summary Judgment, or in the Alternative Summary Adjudication Having considered the moving, opposing and reply papers, the Court rules as follows. BACKGROUND On April 5, 2018, Plaintiff Susan Ko...

...bifurcate trial in allowing Defendant’s fourth affirmative defense for good faith settlement to be tried before Plaintiff’s negligence claim. On October 9, 2019, the Court ordered Defendant to reserve a motion for summary judgment in the Court’s Reservation System for February 13, 2020 at 1:30 p.m. The Court also ordered a briefing schedule in relation to the February 13, 2020 hearing in order. A trial set...

  • Hearing

    Feb 13, 2020

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