Judge: Armen Tamzarian, Case: 21STCV26498, Date: 2023-04-04 Tentative Ruling
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Case Number: 21STCV26498 Hearing Date: April 4, 2023 Dept: 52
Defendants
Kingdom Business Real Estate, Inc.’s and John Young Rhee’s Application for
Determination of Good Faith Settlement
Defendants
Kingdom Business Real Estate, Inc. and John Young Rhee apply for an order
determining good faith settlement under Code of Civil Procedure section
877.6(a). When only some of multiple
defendants alleged to be jointly liable settle a case, the settling parties may
apply to the court for a determination of good faith settlement (CCP §
877.6(a).) A determination in good faith
“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.” (CCP §
877.6(c).)
This
statutory procedure does not apply. “Subdivision
(c) of section 877.6, which states the consequences of a section 877.6 ruling,
demonstrates that the section applies only to actions involving both settling
and nonsettling tortfeasors or co-obligors.”
(Hartford Accident & Indemnity Co. v. Superior Court (1995)
37 Cal.App.4th 1174, 1179.) “It is
essential … that the action involve two or more parties who
are at least alleged to be joint tortfeasors or co-obligors and that some, but
not all, of the parties have settled.” (Ibid.)
Plaintiff
does not allege the settling defendants are jointly liable with the nonsettling
defendants: ISO Cabrito Holdings, LLC, Alon Peled, and Edward Kim aka Eun Soo
Kim.
Plaintiff’s
second amended complaint alleges six causes of action. The first cause of action is alleged solely
against ISO Cabrito Holdings, LLC. The
second, third, and sixth causes of action are alleged against ISO, Peled, and
Kim. The fourth and fifth causes of
action, meanwhile, are alleged only against settling defendants Kingdom and
Rhee. The second amended complaint
therefore does not allege the settling defendants are jointly liable with the
nonsettling defendants as joint tortfeasors or co-obligors on any cause of
action. Against these two groups of
defendants, plaintiff alleges separate claims with no overlap.
The
application is denied.