Motion: By Defendant Julio Vasquez for Determination of Good Faith
Settlement
Tentative Ruling:
To deny defendant Julio Vasquez’s motion for determination of good faith settlement, without prejudice. (Code Civ. Proc. § 877.6; Tech-Bilt, Inc. v. Woodward- Clyde & Associates (1985) 38 Cal.3d 488.)
Explanation:
First of all, the motion is defective, since it fails to comply with Rule of Court 3.1382. Under Rule 3.1382, “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.” (Italics added.) The language of the rule is mandatory, so failure to comply with its requirements can support denial of the motion to determine a good faith settlement.
Here, Vasquez’s notice of motion does not mention which parties or pleadings will be affected by the settlement. It simply requests a determination that the settlement is in good faith. Ther