Judge: Audra Mori, Case: 20STCV26415, Date: 2022-08-12 Tentative Ruling

Case Number: 20STCV26415    Hearing Date: August 12, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Vanui Isakhanyan (“Plaintiff”) filed this action against Defendants US Home Pros, Inc. dba Cal Retrofit (“US Home Pros”) and RIFM Properties, LLC for injuries Plaintiff sustained after slipping and falling down a set of stairs. 

Plaintiff and defendant US Home Pros have agreed to settle the claims against US Home Pros for $150,000.00.  US Home Pros now moves for an order finding the settlement is in good faith.  US Home Pros 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.   

US Home Pros filed the instant motion on February 28, 2022, asserting the settlement is being entered into 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. 

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

Moving Defendant US Home Pros 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 12^th day of August 2022