Judge: Audra Mori, Case: BC689021, Date: 2022-08-04 Tentative Ruling

Case Number: BC689021    Hearing Date: August 4, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff, Oliver Szakall (“Szakall”), filed this action against Defendants, Frankie Munoz (“Munoz”), KAM’s Automotive, Inc. (“KAM’s Automotive”), Brent McNamee (“McNamee”), and United Recovery, Inc. (“United Recovery”) for damages arising from a motor vehicle accident. 

            On April 26, 2022, KAM’s Automotive filed the instant motion for determination of good faith settlement providing that KAM’s Automotive has entered into a settlement with Plaintiff.  KAM’s Automotive provides that Plaintiff has agreed to dismiss his claims against KAM’s Automotive, with prejudice, in exchange for a waiver of costs.  Defendants McNamee and United Recovery oppose the motion, and KAM’s Automotive filed a reply. 

            This matter was last heard on June 2, 2022, where it was continued to July 18, 2022, to allow McNamee and United Recovery to conduct additional discovery regarding Munoz’s and KAM’s Automotive’s relationship.  KAM’s Automotive was ordered to give notice.  To date, KAM’s Automotive has not filed notice and proof of service of the order.  Additionally, due to the court’s unavailability, the July 18, 2022 hearing was continued to August 4, 2022, and moving party, KAM’s Automotive, was ordered to give notice.  (Min. Order, July 6, 2022.)  As of July 29, 2022, no such notice concerning this hearing has been filed with the court. 

The court wishes to ensure that all parties have proper notice of the hearing.  Therefore, the hearing on the motion is continued to September 6, 2022 at 1:30 p.m. in Department 31 of the Spring Street Courthouse.  If this date is not an available date for KAM’s Automotive, KAM’s Automotive may use the online reservation system to change the hearing date to the next available convenient date in the system. 

Any supplemental opposition is due at least nine court days prior to the continued hearing date, and any supplemental reply is to be filed at least five court days before the hearing. If the pending discovery indicates that it would be appropriate for the parties to stipulate to the good faith of the settlement, the court asks the parties to consider doing so.

Moving Defendant KAM’s Automotive is ordered to give notice and reminded to file a proof of service of the notice with the court. 

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