Judge: Audra Mori, Case: 20STCV47594, Date: 2022-12-13 Tentative Ruling

Case Number: 20STCV47594    Hearing Date: December 13, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On December 11, 2020, Plaintiff Mone Sandhu (“Plaintiff”) filed this action against defendants City of Long Beach (the “City”), Naples Improvement Association (“Naples”), and Does 1 through 25 for damages arising out of trip and fall on a sidewalk.  Plaintiff alleges that he was walking on the sidewalk when he tripped and fell as a result of stakes and plastic edging protruding from the ground.  Plaintiff alleges causes of action for (1) dangerous condition of public property against the City, (2) negligence against Naples, and (3) premises liability against Naples.  The City has filed a cross-complaint against NIA, Michael Martinez, and Barbara Martinez.  Michael Martinez and Barbara Martinez have filed a cross-complaint against NIA and the City. 

            Naples and Plaintiff have agreed to settle the claims against Naples for $15,000 in exchange for a dismissal of Naples with prejudice.  Naples now moves for an order finding the settlement in good faith pursuant to CCP § 877.6.  Naples provides 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.  The declaration discusses Plaintiff’s damages, liability for the incident, and the absence of collusion or fraud in negotiating the settlement. 

            Naples filed the instant motion on November 14, 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.

Defendant Naples 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 13^th day of December 2022