Motion for Determination of Good Faith Settlement
202200569939CUPA: Clayton vs City of Oxnard 07/29/2026 in Department 21 Motion for Determination of Good Faith Settlement
Tentative Rulings. Parties and counsel appearing for oral argument should address the tentative decision. Parties may submit on the tentative decision by email, with a copy to all other parties in the matter, to courtroom21@ventura.courts.ca.gov before 8:00 a.m. on the day set for the hearing, with a subject line that includes SUBMISSION ON TENTATIVE, Case Number, Title and Party. If fewer than all parties submit on the tentative, the hearing will proceed, and the tentative ruling is subject to change. The clerk cannot advise if you should still appear or not. The decision of whether to appear for a hearing is to be made by the parties and their counsel. (Dept. 21 Rules & Procedures, p. 4, § II.I.)
The following is a statement of the Courts tentative ruling. The Court may adopt, modify or reject the tentative ruling after hearing. The tentative ruling has no legal effect unless and until adopted by the Court.
Motion: Defendant City of Oxnards Motion for Determination of Good Faith Settlement (Unopposed)
Tentative Ruling: Defendant City of Oxnards Motion for Determination of Good Faith Settlement is GRANTED. For good cause shown, relief is proper per Code of Civil Procedure section 877.6 and Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499.
Defendant has made a persuasive argument regarding the amount paid in settlement and Defendants proportionate liability. Defendant has essentially shown that the settlement was entered into in good faith. (Wood Decl. ¶ 16.) The amount to be paid in settlement by Defendant is $275,000. As a settling party, plaintiff is entitled to a discount of their estimated proportionate liability, especially in light of facts surrounding the accident. There are no insurance policy limits issues or financial condition of the defendant to be implicated. Defense counsels declaration indicates that the Settlement was reached in an adversarial manner and there was no collusion.
Based on the above, there has been no showing that the Tech-Bilt factors support a determination that the settlement amount of $275,000 is outside the ballpark of a reasonable estimate of the moving partys potential liability. Accordingly, the Tech-Bilt factors appear to weigh in favor of a determination that the settlement is in good faith.
Moreover, in light of the moving papers, an argument can be made that the settlement in this case is based on the economics of further litigation costs and the uncertainty of litigation and jury trials.
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Based on the foregoing, this motion is properly granted as the settlement is clearly within the ballpark of the settling defendants proportionate liability.
Given this Courts finding that the settlement between the City Defendant and Plaintiffs is in good faith, the City is entitled to a general order barring future claims for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault, arising out of the facts alleged in Plaintiffs Complaint.
The Order submitted by the City in conjunction with this motion is signed and filed this date.
Counsel for City Defendant to give notice of this Courts ruling within two (2) court days.
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