Judge: Audra Mori, Case: 18STCV05038, Date: 2022-12-20 Tentative Ruling

Case Number: 18STCV05038    Hearing Date: December 20, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff, Desiree Acosta (“Plaintiff”) filed this action against defendants City of Pasadena (the “City”), Joseph Krikorian, Arpi Krikorian, and the Krikorian Family Trust for damages arising from a trip and fall on a sidewalk.  On July 15, 2022, the City filed a cross-complaint against Joseph Krikorian, Arpi Krikorian, and the Krikorian Family Trust (collectively, the “Krikorian Defendants”) for equitable indemnity, implied indemnity, declaratory relief, and contribution alleging the Krikorian Defendants were responsible for Plaintiff’s injuries. 

            Plaintiff and the Krikorian Defendants have agreed to settle Plaintiff’s claims against the Krikorian Defendants for $50,000.00.  The Krikorian Defendants now move for an order finding the settlement in good faith.  The Krikorian Defendants provide that while they dispute owing any duty in connection with the subject sidewalk to Plaintiff, they have decided to buy their peace with the settlement.  Joseph Krikorian, Arpi Krikorian, and the Krikorian Defendants’ counsel submit declarations sufficiently addressing the factors in Tech-Bilt, Inc. v. Woodward- Clyde & Associates (1985) 38 Cal.3d 488, to show that the settlement was made in good faith.  Their declarations discuss potential recovery, proportionate liability, and the amount paid in settlement.  Further, the Krikorian Defendants attest that they did not own or control the sidewalk where the incident occurred. 

The Krikorian Defendants filed the instant motion on July 15, 2022, asserting the settlement is being entered into in good faith.  No party has filed an opposition to the motion, and on December 13, 2022, the Krikorian Defendants filed a “Reply” providing that the motion is unopposed.  The burden on a motion for determination of good faith settlement rests squarely on the party opposing the finding of good faith.  (CCP §877.6(d).)  In light of the lack of opposition, no party has met that burden. 

The motion for determination of good faith settlement is therefore granted.

            Moving Defendants are ordered to give notice.   

PLEASE TAKE NOTICE:

·       The Court is not available to hear oral argument on this date.  If the parties do not submit on the tentative and want oral argument, the hearing will have to be continued, and the parties must work with the clerk to find an available date for the continuance.

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 20^th day of December 2022