On July 16, 2008 a
Order
was filed
involving a dispute between
Foster, Leo,
and
Desoto Cab Cooperative Company, Inc.,
Desoto Cab Cooperative, Inc. (Sued As Desoto Cab,
Does 1-100,
Lamsika, Abdelhamid,
for PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED
in the District Court of San Francisco County.
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MUO
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Aug-25-2009 9:07 am
Case Number: CGC-08-477591
Filing Date: Aug-25-2009 9:06
Juke Box: 001 Image: 02595845
ORDER
LEO FOSTER VS. DESOTO CAB COOPERATIVE COMPANY, INC. et al
001002595845
Instructions:
Please place this sheet on top of the document to be scanned.AUG ES 7 20%
AARON HANCOCK (SBN 160937)
SELLAR HAZARD MANNING FICENEC & LAI
A Professional Law Corporation
1800 Sutter Street, Suite 460
Concord, California 94520
Telephone: (925) 938-1430
Facsimile: (925) 256-7508
E-mail: ahancock@sellarlaw.com
Attorneys for defendants DeSoto Cab Cooperative, Inc.
and Abdelhamid Lamsika
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
LEO FOSTER,
Plaintiff,
v.
DESOTO CAB COOPERATIVE COMPANY,
INC., ABDELHAMID LAMSIKA, and DOES
ONE TO ONE HUNDRED
Defendants.
Case no.: CGC-08-47759 1
ORDER DETERMINING
SETTLEMENT TO BE IN GOOD
FAITH
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
The motion by defendants DeSoto Cab Cooperative, Inc. and Abdelhamid Lamsika for an order
determining their settlement with plaintiff Leo Foster to be in good faith was submitted for decision
sometime after 9:30 a.m. on June 15, 2009 in Department 301 of the San Francisco County Superior
Court, the honorable Peter Busch, judge presiding. No appearances were rendered by any party. After
review of the moving papers, the court adopts its tentative ruling to grant the motion.
Mb
iif
ORDER DETERMINING SETTLEMENT TO BE IN GOOD FAITH - ISettling defendants DeSoto Cab Cooperative, Inc. and Abdelhamid Lamsika have established
that their $1,000,000.00 settlement with plaintiff is within the “ballpark” of the value of the claim as
defined by Tech-Bilt, Inc. v. Woodward-Clyde & Associates, 38 Cal. 3d 488, 213 Cal. Rptr. 256
(1985). Based on medical records availability for review, moving defendants estimate the gross value
of plaintiff's damages as somewhere in the range of $10,000,000.00 to $20,000,000.00. In a trial
setting, however, a jury’s gross damages award would be offset, assuming a finding of liability, in
proportion to plaintiff's own comparative negligence. The portion of the jury’s award for non-
economic damages would be further offset in proportion to the comparative fault of third parties.
Liability is disputed, and defendant has made allegations of comparative fault on the part of plaintiff as
well as third parties.
The court further finds that the $1,000,000.00 settlement constitutes the limit of available
insurance coverage and the ability of either defendant to satisfy an excess judgment is questionable.
The settlement resulted after lengthy discovery and negotiations, and there is no evidence of collusion.
Accordingly, the court finds that the settlement reached among DeSoto Cab Cooperative,
Abdelhamid Lamsika, and Leo Foster is in good faith within the meaning of Cal. Code Civ. Proc.
Section 877.6, All further claims against settling parties for equitable comparative contribution or
partial or comparative indemnity based on comparative negligence or comparative fault are hereby
barred.
IT IS SO ORDERED, ADJUDGED, AND DECREED.
f?
2. y 2
(452 OE OF THEAUPERIOR COURT
PETER J. BUSCH
DATED: AUG 24 2009
OHA Y77 54
Josten V5 Qe Sofo
ORDER DETERMINING SETTLEMENT TO BE IN GOOD FAITH -2
Document Filed Date
August 25, 2009
Case Filing Date
July 16, 2008
Category
PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED
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MUO SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Aug-25-2009 9:07 am Case Number: CGC-08-477591 Filing Date: Aug-25-2009 9:06 Juke Box: 001 Image: 02595845 ORDER LEO FOSTER VS. DESOTO CAB COOPERATIVE COMPANY, INC. et al 001002595845 Instructions: Please place this sheet on top of the document to be scanned.AUG ES 7 20% AARON HANCOCK (SBN 160937) SELLAR HAZARD MANNING FICENEC & LAI A Professional Law Corporation 1800 Sutter Street, Suite 460 Concord, California 94520 Telephone: (925) 938-1430 Facsimile: (925) 256-7508 E-mail: ahancock@sellarlaw.com Attorneys for defendants DeSoto Cab Cooperative, Inc. and Abdelhamid Lamsika SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO LEO FOSTER, Plaintiff, v. DESOTO CAB COOPERATIVE COMPANY, INC., ABDELHAMID LAMSIKA, and DOES ONE TO ONE HUNDRED Defendants. Case no.: CGC-08-47759 1 ORDER DETERMINING SETTLEMENT TO BE IN GOOD FAITH TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: The motion by defendants DeSoto Cab Cooperative, Inc. and Abdelhamid Lamsika for an order determining their settlement with plaintiff Leo Foster to be in good faith was submitted for decision sometime after 9:30 a.m. on June 15, 2009 in Department 301 of the San Francisco County Superior Court, the honorable Peter Busch, judge presiding. No appearances were rendered by any party. After review of the moving papers, the court adopts its tentative ruling to grant the motion. Mb iif ORDER DETERMINING SETTLEMENT TO BE IN GOOD FAITH - ISettling defendants DeSoto Cab Cooperative, Inc. and Abdelhamid Lamsika have established that their $1,000,000.00 settlement with plaintiff is within the “ballpark” of the value of the claim as defined by Tech-Bilt, Inc. v. Woodward-Clyde & Associates, 38 Cal. 3d 488, 213 Cal. Rptr. 256 (1985). Based on medical records availability for review, moving defendants estimate the gross value of plaintiff's damages as somewhere in the range of $10,000,000.00 to $20,000,000.00. In a trial setting, however, a jury’s gross damages award would be offset, assuming a finding of liability, in proportion to plaintiff's own comparative negligence. The portion of the jury’s award for non- economic damages would be further offset in proportion to the comparative fault of third parties. Liability is disputed, and defendant has made allegations of comparative fault on the part of plaintiff as well as third parties. The court further finds that the $1,000,000.00 settlement constitutes the limit of available insurance coverage and the ability of either defendant to satisfy an excess judgment is questionable. The settlement resulted after lengthy discovery and negotiations, and there is no evidence of collusion. Accordingly, the court finds that the settlement reached among DeSoto Cab Cooperative, Abdelhamid Lamsika, and Leo Foster is in good faith within the meaning of Cal. Code Civ. Proc. Section 877.6, All further claims against settling parties for equitable comparative contribution or partial or comparative indemnity based on comparative negligence or comparative fault are hereby barred. IT IS SO ORDERED, ADJUDGED, AND DECREED. f? 2. y 2 (452 OE OF THEAUPERIOR COURT PETER J. BUSCH DATED: AUG 24 2009 OHA Y77 54 Josten V5 Qe Sofo ORDER DETERMINING SETTLEMENT TO BE IN GOOD FAITH -2