Kristy Clemmer v. State of California Department of Transportation et al

Based on the foregoing, the motion is GRANTED. O’Bryan is hereby dismissed from the action without prejudice to Cross-Complainants’ rights to assert their claims against O’Bryan consistent with the terms of the Agreement.

Kristy Clemmer v. State of California 23CV001412 Department of Transportation et al

DEFENDANT SOSCOL & SHELTER NAPA, LLC’S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT

TENTATIVE RULING: The motion is GRANTED.

Defendant Soscol & Shelter Napa, LLC (S&S) moves, pursuant to Code of Civil Procedure section 877.6, for an order determining that the settlement agreement between La Bella Terra Wrought Iron Works and S&S is entered into in good faith.

“[T]he intent and policies underlying section 877.6 require that a number of factors be taken into account including a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability, the amount paid in settlement, the allocation of settlement proceeds among plaintiffs, and a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial. Other relevant considerations include the financial conditions and insurance policy limits of settling defendants, as well as the existence of collusion, fraud, or tortious conduct aimed to injure the interests of nonsettling defendants.” (Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499.)

However, a party objecting that a settlement lacks good faith has the burden of proving the issue. (Code Civ. Proc. §877.6.) Therefore, “when no one objects, the barebones motion which sets forth the ground of good faith, accompanied by a declaration which sets forth a brief background of the case is sufficient.” (City of Grand Terrace v. Super. Ct. (1987) 192 Cal.App.3d 1251, 1261.) In such case, the trial court is not required “to consider and weigh the Tech-Bilt factors.” (Ibid.)

The present motion is unopposed. The Court finds that it sets forth the ground of good faith and is accompanied by a declaration sufficient to set forth a brief background of the case. On this basis, the Court finds that the settlement entered into between Plaintiffs and moving Defendant is a settlement in good faith pursuant to Code of Civil Procedure Section 877.6. (City of Grand Terrace v. Super. Ct., supra, 192 Cal.App.3d at 1261.)

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