Motion for Determination of Good Faith Settlement
34-2021-00311004-CU-PA-GDS: Delma Jefferson vs. Samuel Gene Dana 05/30/2024 Hearing on Motion for Determination of Good Faith Settlement in Department 53
Tentative Ruling
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34-2021-00311004-CU-PA-GDS: Delma Jefferson vs. Samuel Gene Dana 05/30/2024 Hearing on Motion for Determination of Good Faith Settlement in Department 53
or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.
Defendants Samuel Dana (Dana) and Denise McCarneys (McCarney) (collectively, Defendants) motion for good faith settlement is UNOPPOSED and is GRANTED.
This is a consolidated action for personal injuries arising from a car accident. Plaintiff Lisa Garcia (Plaintiff) alleges that on September 27, 2020, she was driving her Toyota Highlander when Dana rear-ended Plaintiffs vehicle at a high rate of speed. Danas vehicle was owned by McCarney, his grandmother.
Plaintiff alleges that the front driver seat of her vehicle was defective, which contributed to her injuries, including traumatic brain injury, fractured ribs, and fractured vertebrae requiring spinal fusion surgery. On March 8, 2024, this case was consolidated with the lead case Delma Jefferson vs. Samuel Gene Dana et al., case no. 34-2021-00311004- CU-PA-GDS,
The parties participated in a mediation on November 7, 2023. Defendants have settled with Plaintiff in the amount of $300,000.
In considering whether a settlement is entered in good faith, the court considers the following factors: (1) a rough approximation of the plaintiffs' total recovery and the settling party's proportionate liability; (2) the amount to be paid in the settlement; (3) the proposed allocation of the settlement proceeds; (4) a recognition that the settling parties should pay less in settlement than if they were found to be liable after trial; (5) the financial condition of the settling parties, and the insurance policy limits, if any; and (6) the existence of collusion, fraud or tortious conduct aimed to injure the interests of the non-settling defendants. (Tech-Bilt v.
Woodward-Clyde & Assoc. (1985) 38 Cal.3d 488, 499.) The ultimate test is whether the settlement is grossly disproportionate to what a reasonable person at the time of settlement would estimate the settlor's liability to be. (Ibid.) Settling defendants may properly pay less than their proportional share of the anticipated damages. In order to encourage settlement, what is required is simply that the settlement not be grossly disproportionate to the settlor's fair share of liability. This determination is made based on the information available at the time of the settlement. (Ibid.)
When no party objects to the settlement, a bare bones 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. Superior Court (1987) 192 Cal. App. 3d 1251, 1261.)
Having considered the evidence and the payment amount, the settlement appears to be
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
34-2021-00311004-CU-PA-GDS: Delma Jefferson vs. Samuel Gene Dana 05/30/2024 Hearing on Motion for Determination of Good Faith Settlement in Department 53
reasonable and in good faith considering the factors set forth in Tech-Bilt Inc., supra, 38 Cal.3d 488. (See also Code Civ. Proc. § 877.6.)
No opposition to the motion was filed. A partys failure to oppose a motion is construed as a concession on the merits of the motion. (See D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.)
Having no objection thereto, the Court will sign the proposed order submitted.