Judge: Audra Mori, Case: 20STCV14146, Date: 2022-08-04 Tentative Ruling

Case Number: 20STCV14146    Hearing Date: August 4, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Jinkun Cha and Cindy Tian (collectively, “Plaintiffs”), individually and as successors in interest to Kangxi Tian (“Decedent”) filed this action against defendants Pacific Expressway, Inc. (“Pacific”) and Viewsonic Corporation (“Viewsonic”) for damages relating to the alleged wrongful death of Decedent.  Plaintiffs allege that Decedent was struck and killed by a truck while engaged in his occupation as a truck driver at a warehouse.  On June 3, 2020, Plaintiffs filed an Amendment to Complaint naming Marvin Contreras (“Contreras”) as Doe 1.  Thereafter, Viewsonic filed a cross-complaint against Pacific, Contreras, and Roes 1-50; on August 26, 2021, Viewsonic filed an Amendment to Cross-Complaint naming KLF Logistics, Inc. (“KLF”) as Roe 1. 

KLF provides that although it was not a named defendant in this action, it has agreed to pay Plaintiffs $50,000.00 for a full and final release of any claims arising out of the accident, and a full and final dismissal with prejudice of the cross-complaint by Viewsonic against it.  KLF now moves for an order finding the settlement is in good faith.  KLF has provided a declaration 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.  It discusses potential recovery, proportionate liability, the amount paid in settlement, and a lack of collusion or fraud.    

KLF filed the instant motion on June 14, 2022, asserting the settlement was made in good faith.  No party has filed an opposition to the motion.  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. 

KLF’s motion for determination of good faith settlement is therefore granted.

Moving Cross-Defendant KLF is ordered to give notice. 

PLEASE TAKE NOTICE:

• 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 4^th day of August 2022