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

BARRAGAN V. WEST COAST PACKING INC.

The Motion for Leave to File a Cross-Complaint is continued concurrently with the Motion Contesting Good Faith Settlement. No further briefing is authorized. The CMC is also continued concurrently with the Motion Contesting Good Faith Settlement. No appearance is necessary on July 15, 2020.

  • Hearing

    Jul 15, 2020

FRIENDS OF OCEANO DUNES, INC. V. CALIFORNIA COASTAL COMMISSION

The Commission further argues that Friends never engaged in good faith settlement efforts, i.e., by demanding that the Commission withdraw its approval altogether. It finally argues that impacts to recreation is not an environmental impact under CEQA, and that self-interested promotion of recreational uses is not a CEQA policy supporting an award of fees. In reply, Friends argues that when an action is brought against a governmental agency, the need for private enforcement is clear.

  • Hearing

    Jul 15, 2020

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

SUBJECT: Motion for Determination of Good Faith Settlement Moving Party: Defendants/Cross-Complainants Kerry Moy and Ka Wai Kwan Resp. Party: Joinder by Plaintiff LA Live Properties, LLC; No opposition filed. The Motion for Determination of Good Faith Settlement is GRANTED.

  • Hearing

    Jul 15, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

ROBILLARD V. FRESNO COMMUNITY HOSPITAL AND MEDICAL CENTER

In light of the good faith settlement determination, cross-complainants are barred from pursuing the first and second causes of action of the Cross-Complaint. Demurrer Procedurally it is very unusual to file a demurrer to causes of action that are barred as a result of a good faith settlement determination. The demurrer is moot in light of the ruling on the good faith settlement motion.

  • Hearing

    Jul 13, 2020

PORDES VS. SEATON

HEARING ON MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT FILED BY GATOR TECH INTEGRATION, INC. * TENTATIVE RULING: * Granted. No opposition.

  • Hearing

    Jul 09, 2020

ANDREW KENYON VS COUNTY OF LOS ANGELES, ET AL.

Moreover, no opposition to the motion has been filed. Accordingly, the Motion for Determination of Good Faith Settlement is GRANTED. Defendant to provide notice.

  • Hearing

    Jul 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

PAUL RICHARD V. LADERA PLAZA, ET AL.

In reply, Ladera Plaza argues that Nautilus’ opposition is an improper attempt to inject coverage and carrier contribution issues into this good faith settlement hearing. Ladera Plaza argues that separate coverage litigation is the proper forum for any coverage or contribution disputes between Nautilus and Travelers. Coverage issues are irrelevant to the issue of whether the settling tortfeasors acted in good faith. (Rankin v. Curtis (1986) 183 Cal.App.3d 939, 946.)

  • Hearing

    Jul 09, 2020

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

GRANTED; AND THE MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT IS DENIED AS BARRED BY THE GOOD FAITH SETTLEMENT.

  • Hearing

    Jul 08, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

LIU VS. GALLARDO

Motion for Determination of Good Faith Settlement filed by Defendants Liu Architects, Inc. and Robert Chung-Hsi Liu Defendants Liu Architects, Inc. dba E2 Design Group and Robert Chung-Hsi Liu (“Liu Architects”) move for an order finding that the settlement with Plaintiffs Shunjie Liu aka Stanley Liu and Fuyu Yang (“Plaintiffs”) for $35,000 is in good faith pursuant to Code of Civil Procedure §877.6.

  • Hearing

    Jul 02, 2020

ALLADAWI VS. PLAZA-IRVINE OWNERS ASSOCIATION

A notice of motion for good faith settlement determination “must list each party and pleading or portion of pleading affected by the settlement and the date on which the affected pleading was filed.” (California Rules of Court (“CRC”), Rule 3.1382.) The moving papers for a determination of good faith settlement must establish “a prima facie showing of a good faith settlement.” (City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1262 (“Grand Terrace”).)

  • Hearing

    Jul 02, 2020

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

Defendants' motion for determination of good faith settlement was filed on May 21, 2020, opposition was received on June 9, 2020, and reply was received on June 15, 2020. On June 22, 2020, the Court continued the instant motion to July 1, 2020. RELIEF REQUESTED: Defendants move for determination of good faith settlement.

  • Hearing

    Jul 01, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

AVILA V NEW ORANGE HILLS, INC.

With that in mind, counsel should be prepared to address the issues identified by the court at the hearing. 2) Application for Good Faith Settlement. Defendant New Orange Hills, Inc. seeks a determination that its $192,500 settlement with Plaintiffs is in good faith. The application is brought pursuant to CCP § 877.6(a)(2) which allows parties 25 day in which to oppose the application. The application was properly served on 6/17/20. The 25-day period ends on July 16, 2020.

  • Hearing

    Jul 01, 2020

PENG CHEN VS CBM INVESTEMENTS INC ET AL

Cross-Complainants oppose Cross-Defendant’s motion for good faith settlement on the grounds that: (1) the fact that Plaintiff alleged that RBB was responsible for the entire $1,000,000.00 loss suggests that $100,000.00 was not a good faith settlement; (2) the RBB Action was highly litigated suggesting a strong likelihood of liability and potential high damages; and (3) the $100,000.00 settlement was not made in good faith under Tech-Bilt.

  • Hearing

    Jun 30, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

GREEN TECH KITCHENS INC. VS KAFADER

The Motion for Determination of Good Faith Settlement brought by defendants Robert and Alex Kafader (collectively, the Kafaders) is GRANTED. The motion is unopposed. Failure to file and/or serve an opposition constitutes an admission that a motion is meritorious. (Rooney v. Vermont Inv. Corp. (1973) 10 Cal.3d 351, 367.)

  • Hearing

    Jun 29, 2020

  • Type

    Contract

  • Sub Type

    Breach

PARKES V. MID-CENTURY INS. CO.

Dick’s Carpet One Floor and Homes’ Motion for Determination of Good Faith Settlement. Defendant K&L Crawford, Inc. d.b.a. Dick’s Carpet One Floor and Homes has agreed to pay $150,000 in settlement of plaintiffs’ claims. Defendant K&L Crawford, Inc. d.b.a. Dick’s Carpet One Floor and Homes now moves for a court determination under Code of Civil Procedure, § 877.6 that the settlement is in good faith.

  • Hearing

    Jun 26, 2020

PELTON VS EMPIRE POLO CLUB

Staff Pro contends that the Court continued the trial in order to hear Road Runner’s Application for Determination of Good Faith Settlement before trial. Regardless of the reasons, the Court continued the trial and Defendant was entitled to discover information concerning damages. Therefore, the depositions were reasonably necessary. The costs should not be taxed. Expert Witness Fees ($75,921.27): Generally, fees of experts not ordered by the court are not allowable as costs. (Code Civ Proc § 1033.5(b)(1).

  • Hearing

    Jun 26, 2020

PEOPLE V. MHC PONDEROSA

faith settlement offer that included property damages, CALTRANS relied upon a 2015 settlement offer based upon an obsolete staff appraisal, CALTRANS engineers promised full remediation and CALTRANS then overruled them, CALTRANS failed to inform MHC Ponderosa that its access would be impaired by construction work such that it would be impossible for MHC Ponderosa to negotiate a fair deal and CALTRANS concealed it did not set up an escrow; and CALTRANS breached paragraph 8 by not filing the underlying lawsuit

  • Hearing

    Jun 26, 2020

CELIA RUIZ VS RECANA SOLUTIONS LLC ET AL

On January 29, 2020, Simply Fresh filed the instant motion to determine good faith settlement between Plaintiff and Simply Fresh. No opposition was filed. The Court continued the motion at the initial hearing date to allow for proper notice to be filed per CRC Rule 3.1382. Simply Fresh submitted a revised, CRC compliant notice on April 1, 2020.

  • Hearing

    Jun 26, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

MARJAN BARABIAN VS. CENTEX HOMES

HEARING ON MOTION FOR GOOD FAITH SETTLEMENT FILED BY FIRST SPECIALTY INSURANCE CORPORATION * TENTATIVE RULING: * Intervenor First Specialty Insurance Corporation’s Motion for Determination of Good Faith Settlement is denied without prejudice. Defendant Centex Homes opposed the motion on the ground Plaintiffs had failed to execute the settlement agreement, raising doubt as to whether there was indeed a settlement. Moving party did not respond to the opposition.

  • Hearing

    Jun 25, 2020

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

Defendant Azar now moves for a determination of good faith settlement. No party has filed an opposition. Discussion I. Legal Standard Any party to an action involving joint tortfeasors may seek a hearing on the issue of the good faith of a settlement entered into by the plaintiff and one or more of the alleged tortfeasors. (Code Civ. Proc., § 877.6, subd. (a)(1).)

  • Hearing

    Jun 25, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

MWSK PROPERTIES, LLC VS SOUTH BAY MONTESSORI SCHOOL

Motion for Determination of Good Faith Settlement The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. The court ORDERS that in this action, all present claims and cross-complaints of any kind for implied indemnity, equitable comparative contribution and apportionment or partial or comparative indemnity and apportionment based on comparative negligence or comparative fault against CPRI be and are dismissed with prejudice.

  • Hearing

    Jun 25, 2020

  • Type

    Real Property

  • Sub Type

    other

  • County

    Los Angeles County, CA

MWSK PROPERTIES, LLC VS SOUTH BAY MONTESSORI SCHOOL

Motion for Determination of Good Faith Settlement The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. The court ORDERS that in this action, all present claims and cross-complaints of any kind for implied indemnity, equitable comparative contribution and apportionment or partial or comparative indemnity and apportionment based on comparative negligence or comparative fault against CPRI be and are dismissed with prejudice.

  • 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.

If the good faith settlement is contested, section 877.6, subdivision (d), sets forth a workable ground rule for the hearing by placing the burden of proving the lack of good faith on the contesting party. Once there is a showing made by the settlor of the settlement, the burden of proof on the issue of good faith shifts to the nonsettlor who asserts that the settlement was not made in good faith.

  • Hearing

    Jun 24, 2020

  • County

    Los Angeles County, CA

SOLEHJOU VS. HIRSCH PIPE & SUPPLY CO., INC.

., Inc. to Contest Good Faith Settlement is DENIED. The California Supreme Court in Tech-Bilt v. Woodward-Clyde & Assoc., 38 Cal.3d 488 (1985), set forth the factors to determine good faith.

  • Hearing

    Jun 18, 2020

SLO COUNTY FLOOD CONTROL VS. A. TEICHERT & SON, INC.

HEARING ON MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT FILED BY A. TEICHERT & SON, INC. * TENTATIVE RULING: * In this motion, filed April 6, 2020, at 9:26 a.m., Teichert seeks a good faith determination for a settlement between the District, Teichert, the H.D.D. Company, and Rockford Corporation.

  • Hearing

    Jun 18, 2020

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