Judge: Armen Tamzarian, Case: 20STCV46905, Date: 2023-05-03 Tentative Ruling

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Case Number: 20STCV46905    Hearing Date: May 3, 2023    Dept: 52

Non-Appearance Case Review Re: Defendants/Cross-Complainants Jeffrey E. Gordon and H Development’s Application for Good Faith Settlement Determination

Defendants/cross-complainants Jeffrey E. Gordon and H Development apply for an order determining good faith settlement under Code of Civil Procedure section 877.6(a).

The settling defendants did not show adequate proof of service on nonsettling defendants Jaclyn Theis and Skyhigh Productions, Inc.  “[A] settling party may give notice of settlement to all parties and to the court, together with an application for determination of good faith settlement and a proposed order.  The application shall indicate the settling parties, and the basis, terms, and amount of the settlement.  The notice, application, and proposed order shall be given by certified mail, return receipt requested, or by personal service.  Proof of service shall be filed with the court.”  (CCP § 877.6(a)(2).)

The settling defendants’ proof of service only shows service on plaintiff Souzan Roshan-Ardalan, D.D.S., defendants/cross-complainants 614 Venezia Ave., LLC and Martin I. Bogoratt, and defendant Power Brokers International Inc.  Jaclyn Theis and Skyhigh Productions, Inc. are also defendants in this action.  Granting this application would affect their rights.  It would bar Theis and Skyhigh Productions from seeking contribution or indemnity from the settling defendants.  (CCP § 877.6(c).)  They are entitled to proper notice of this application and an opportunity to file a motion to contest the good faith of the settlement.  (CCP § 877.6(a)(2).)

Defendants/cross-complainants Jeffrey E. Gordon and H Development’s application for good faith settlement determination is denied without prejudice.