Graciela Fernandez, et al. v. Decartes Financial Corporation, et al.

of Los Angeles - Central District Department 513 Graciela Fernandez, et al.; Plaintiffs, vs. Decartes Financial Corporation, et al.; Defendants. | Case No.: |

| | | Hearing Date: | August 31, 2026 | | | Time: | 10:00 a.m. | | | [Tentative] Order RE: Motion for Determination of Good Faith Settlement | MOVING PARTY: Defendants Descartes Financial Corporation and Descartes Financial, LTD RESPONDING PARTY: No response Motion for Determination of Good Faith Settlement The court considered the moving papers filed in connection with this motion.

DISCUSSION Defendants Descartes Financial Corporation and Descartes Financial, LTD ("Defendants") move the court for an order determining that the settlements between Defendants and plaintiffs Daminuque Ledane Wilson, Janae Gomez, Ja'Saih Gomez, Khylee Wilson, and Ayanna Wilson ("Plaintiffs") are made in good faith pursuant to Code of Civil Procedure sections 877 and 877.6.

Any party to an action "in which it is alleged that two or more parties are joint tortfeasors or co obligors on a contract debt" is entitled to a hearing "on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005." (Code Civ. Proc. Sec. 877.6(a)(1).)

There is no precise yardstick for measuring the "good faith" of a settlement with one of several tortfeasors, but it must harmonize the public policy favoring settlements with the competing public policy favoring equitable sharing of costs among tortfeasors. (Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499 [setting forth factors for consideration in determining good faith of settlement].)

The party contesting the settlement bears the burden of proving that it is in bad faith. (Code Civ. Proc. Sec.877.6(d).)

The court finds, in consideration of the Tech-Bilt factors and the absence of any opposition to this motion, that the settlements between Defendants and Plaintiffs were made in good faith.

ORDER The court GRANTS defendants Descartes Financial Corporation and Descartes Financial, LTD's motion for determination of good faith settlement.

The court finds that the settlements between (1) plaintiffs Daminuque Ledane Wilson, Janae Gomez, Ja'Saih Gomez, Khylee Wilson, and Ayanna Wilson, and (2) defendants Descartes Financial Corporation and Descartes Financial, LTD were made in good faith pursuant to Code of Civil Procedure section 877.6.

Pursuant to Code of Civil Procedure section 877.6, subdivision (c), the court's order shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.

The court orders defendants Descartes Financial Corporation and Descartes Financial, LTD to give notice of this ruling.

IT IS SO ORDERED.

DATED: August 31, 2026 _____________________________ Robert B. Broadbelt III Judge of the Superior Court