What is a Motion to Determine Good Faith Settlement?

Useful Rulings on Motion to Determine Good Faith Settlement

Recent Rulings on Motion to Determine Good Faith Settlement

NANCY KRIMENDAHL VS BENJAMIN JAVAHERI, ET AL

. §877.6(a)(1) A determination by the court that the settlement was made in good faith shall bar any joint tortfeasor or co-obligor from any further claims against the settling tortfeasor for equitable contribution or indemnity. Id. at subd. (C).

  • Hearing

    Jul 10, 2020

  • Type

    Real Property

  • Sub Type

    other

PARRA VS RMZ TRANSPORT HEARING RE: MOTION TO DETERMINE GOOD FAITH SETTLEMENT BY RMZ TRANSPORT INC, MIGUEL ALBERTO VALENZUELA LOZANO

In other words, Section 877.6 is inapplicable and any order by this Court would be merely advisory. Such an advisory order is not appropriate.

  • Hearing

    Jul 09, 2020

ANTHONY MICELI VS YURY PAVLOV ET AL

(CCP § 877.6(a)(1).) The court may determine the issue of good faith of a settlement based on affidavits served with the notice of hearing, and any counter affidavits filed in response, or the court may, in its discretion, receive other evidence at the hearing. (CCP § 877.6(b).) The party asserting the lack of good faith has the burden of proof. (CCP § 877.6(d).)

  • Hearing

    Jul 09, 2020

ANATOLII HOLISHENKO, ET AL. VS TEMPERATURE GIANT CORPORATION, ET AL.

CCP § 877.6(d).

  • Hearing

    Jul 09, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

ROSLYN YEOMANS VS. YMCA OF SAN DIEGO COUNTY

The Court finds that the settlement by and between plaintiff Roslyn Yeomans and defendant YMCA of San Diego County is a good faith settlement under Code of Civil Procedure section 877.6. The Court finds that it is unnecessary at this time to address the hypothetical issue of whether this settlement has any potential effects on the parties in a separate case, Yeomans v. City of Los Angeles, Los Angeles Superior Court Case No. BC686789.

  • Hearing

    Jul 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

PAUL RICHARD V. LADERA PLAZA, ET AL.

Ladera Plaza now moves for a determination that the Settlement was entered into in good faith pursuant to Code of Civil Procedure section 877.6, and for an order barring non-settling tortfeasors from pursing a claim for equitable indemnity or contribution.7 GMC and Nautilus Insurance Company (“Nautilus”) filed oppositions to the motion.

  • Hearing

    Jul 09, 2020

ANDREW KENYON VS COUNTY OF LOS ANGELES, ET AL.

GOOD-FAITH SETTLEMENT Code of Civil Procedure § 877.6(a)(1) provides: Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005.

  • Hearing

    Jul 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

GLENDALE FRENCH BAKERY, INC. VS. RICK SALVATORE, ET AL

Proc. §877.6(c). Code of Civ. Proc. §877.6(c) (“A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.”).

  • Hearing

    Jul 08, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

EPHREM WOLDEGIORGIS ET AL VS ALASKA AIRLINES INC ET AL

Defendant has reached a confidential settlement with Plaintiffs, which is conditioned on the Court finding that the settlement was made in good faith, per Code of Civil Procedure sections 877 and 877.6. Accordingly, Defendant has filed a motion to seal the settlement, presently before this Court, as well as a motion seeking a determination of good faith settlement, noticed for hearing on August 5, 2020. Civil court proceedings are presumptively open to the public. (See Richmond Newspapers, Inc. v.

  • Hearing

    Jul 08, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ALAN NAITO ET AL VS CENTEX HOMES REALTY COMPANY ET AL

“The party asserting the lack of good faith, who has the burden of proof on that issue (§ 877.6, subd. (d)), should be permitted to demonstrate, if he can, that the settlement is so far ‘out of the ballpark’ in relation to these factors as to be inconsistent with the equitable objectives of the statute. Such a demonstration would establish that the proposed settlement was not a ‘settlement made in good faith’ within the terms of section 877.6.” Tech-Bilt, 38 Cal.3d at 499-500.

  • Hearing

    Jul 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

LIU VS. GALLARDO

Code of Civil Procedure §877.6(c). Under the Tech-Bilt factors, moving party has made a prima facie showing that the settlement was “within the ballpark” and thus made in good faith. Moreover, any party who opposes the good faith determination has the burden to establish that the settlement is not in good faith. CCP 877.6(d). The factors to be considered in determining whether a settlement has been made in good faith include: 1.

  • Hearing

    Jul 02, 2020

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

The Court noted that a good faith determination is normally unappealable on its merits pursuant to CCP § 877.6(e), but that the instant issue was appealable because the appealing insurer was appealing whether CCP §§ 877 and 877.6 could be used to bar or dismiss non-settling insurers' cross-claims against settling insurers. (Ibid.)

  • Hearing

    Jul 01, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

DAMIAN GARCIA, ET AL. VS ARMANDO VALENZUELA, JR., ET AL.

Proc., § 877.6, subd. (c).) Although a determination that a settlement was in good faith does not discharge any other party from liability, “it shall reduce the claims against the others in the amount stipulated” by the settlement. (Code Civ. Proc., § 877, subd. (a).) “The party asserting the lack of good faith shall have the burden of proof on that issue.” (Code Civ. Proc., § 877.6, subd. (d).) In City of Grand View Terrace v.

  • Hearing

    Jun 30, 2020

ELIJAH EDWARDS VS LONG BEACH MEMORIAL MEDICAL CENTER ET AL

CCP §877.6 § 877.6. Hearing on issue of good faith of settlement; Review (a) (1) Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005.

  • Hearing

    Jun 30, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

PENG CHEN VS CBM INVESTEMENTS INC ET AL

Proc. § 877.6(c).)

  • Hearing

    Jun 30, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

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

Defendant Embee, Inc.’s motion for Good Faith Settlement Determination pursuant to CCP § 877.6 Defendant Embee, Inc.’s motion for Good Faith Settlement Determination pursuant to CCP § 877.6 is GRANTED. Embee has agreed to pay $2,500,000 and to continue its own on-site remediation efforts in settlement of the claims made against it by Plaintiff OCWD. The motion is opposed by co-defendants Brenntag Pacific, Inc., Gallade Chemical, Inc. and Soco West (“Objectors”).

  • Hearing

    Jun 26, 2020

PARKES V. MID-CENTURY INS. CO.

(Code of Civil Procedure, § 877.6(c).) In Tech-Built v. Woodward-Clyde & Associates (1985) 38 Cal.3rd 448, the California Supreme Court addressed the good faith requirement for settlements under Section 877.6.

  • Hearing

    Jun 26, 2020

CELIA RUIZ VS RECANA SOLUTIONS LLC ET AL

(CCP § 877.6(a).) Accordingly, Simply Fresh’s motion is GRANTED.

  • Hearing

    Jun 26, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

LORENA NAVA ESTACUY, ET AL. VS THE STATE OF CALIFORNIA, ET AL.

., § 877.6, subd. (a)(1).) “A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.” (Id. § 877.6, subd. (c).) The primary purpose of the good faith requirement is to protect the interests of nonsettling defendants. (City of Grand Terrace v.

  • Hearing

    Jun 25, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

MWSK PROPERTIES, LLC VS SOUTH BAY MONTESSORI SCHOOL

CCP § 877.6(c). Although a determination that a settlement was in good faith does not discharge any other party from liability, “it shall reduce the claims against the others in the amount stipulated” by the settlement. CCP § 877(a). “The party asserting the lack of good faith shall have the burden of proof on that issue.” CCP § 877.6(d). In Tech-Bilt, Inc. v.

  • Hearing

    Jun 25, 2020

  • Type

    Real Property

  • Sub Type

    other

  • County

    Los Angeles County, CA

MWSK PROPERTIES, LLC VS SOUTH BAY MONTESSORI SCHOOL

CCP § 877.6(c). Although a determination that a settlement was in good faith does not discharge any other party from liability, “it shall reduce the claims against the others in the amount stipulated” by the settlement. CCP § 877(a). “The party asserting the lack of good faith shall have the burden of proof on that issue.” CCP § 877.6(d). In Tech-Bilt, Inc. v.

  • Hearing

    Jun 25, 2020

  • Type

    Real Property

  • Sub Type

    other

  • County

    Los Angeles County, CA

CASSANDRA JOHNSON-STEWART VS EXTENDED STAY AMERICA, INC., ET AL.

Hearing Date: June 24, 2020 Moving Parties: Defendants Insurance Auto Auctions, Inc. and Vermont Holding Company, LLC Responding Party: None Motion to Determine Good Faith of Settlement The court considered the moving papers. No opposition was filed. RULING The motion is GRANTED.

  • Hearing

    Jun 24, 2020

  • County

    Los Angeles County, CA

JOSEPH CORTEZ ROL VS JDPMCC 2006-LDP7 CENTRO ENFIELD LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

Proc., § 877.6, subd. (c).) Although a determination that a settlement was in good faith does not discharge any other party from liability, “it shall reduce the claims against the others in the amount stipulated” by the settlement. (Code Civ. Proc., § 877, subd. (a).) “The party asserting the lack of good faith shall have the burden of proof on that issue.” (Code Civ. Proc., § 877.6, subd. (d).) In City of Grand View Terrace v.

  • Hearing

    Jun 24, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JOSEPH CORTEZ ROL VS JDPMCC 2006-LDP7 CENTRO ENFIELD LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

Proc., § 877.6, subd. (c).) Although a determination that a settlement was in good faith does not discharge any other party from liability, “it shall reduce the claims against the others in the amount stipulated” by the settlement. (Code Civ. Proc., § 877, subd. (a).) “The party asserting the lack of good faith shall have the burden of proof on that issue.” (Code Civ. Proc., § 877.6, subd. (d).) In City of Grand View Terrace v.

  • Hearing

    Jun 24, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

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

The court wishes the counsel/parties to discuss the following: Why is there a motion under CCP 877.6? CCP 877.6: Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005.

  • Hearing

    Jun 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

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