Judge: Armen Tamzarian, Case: 21STCV26498, Date: 2023-05-17 Tentative Ruling

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Case Number: 21STCV26498    Hearing Date: May 17, 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 of 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).)

Code of Civil Procedure section 877.6 applies when the plaintiff’s claims are “labeled as different causes of action” but “were not independent” and instead “combined to create one indivisible injury.”  (Oliveira v. Kiesler (2012) 206 Cal.App.4th 1349, 1357.)  Though plaintiff Young Sook Kim did not jointly allege any single cause of action against both the settling and nonsettling defendants, ISO Cabrito Holdings, LLC, Alon Peled, and Edward Kim, the causes of action combined to create one indivisible injury.  Plaintiff’s second amended complaint alleges both sets of defendants are liable for different reasons but for the same injury: losing his $200,000 escrow deposit in a failed real estate transaction.  (SAC, ¶¶ 14-17, 22-26, 35-43, 47-56, 60.) 

The nonsettling defendants, ISO Cabrito Holdings, LLC, Alon Peled, and Edward Kim, did not oppose this motion.  “The party asserting the lack of good faith shall have the burden of proof on that issue.”  (CCP § 877.6(d).)  There is no evidence of bad faith or any other basis for the court to deny this motion.

The motion is granted.

Under Code of Civil Procedure section 877.6, the court hereby finds the settlement between plaintiff Young Sook Kim and defendants Kingdom Business Real Estate, Inc. and John Young Rhee was entered into in good faith.