Judge: Audra Mori, Case: 20STCV35613, Date: 2023-02-27 Tentative Ruling

Case Number: 20STCV35613    Hearing Date: February 27, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Citally Gastelum (“Plaintiff”) filed this action against Defendant Bellflower Unified School District (“BUSD”), et al. for injuries Plaintiff sustained when a tree branch fell on her.  On May 3, 2021, Plaintiff filed an Amendment to Complaint naming Great Scott Tree Service, Inc. (“Great Scott”) as Doe 1.  Great Scott has filed a cross-complaint against Roes 1 through 100.

Great Scott has filed a Notice of Settlement providing that Plaintiff and Great Scott settled the claims against it.  Great Scott concurrently filed an application for an order determining the settlement between Plaintiff and Great Scott to be in good faith under CCP § 877.6.  Thereafter, BUSD filed a motion to challenge the application for determination of good faith settlement between Plaintiff and Great Scott. 

On October 12, 2022, Plaintiff filed a Notice of Settlement of Entire Case providing that than an unconditional settlement has been reached, and a request for dismissal will be filed within 45 days of the settlement.  To date, no party has filed anything additional relating to the application for determination of good faith settlement or the motion challenging the good faith of the settlement.  The Court presumes the application and motion are moot.  The Court will thus take them off calendar. 

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 27^th day of February 2023