Judge: Cherol J. Nellon, Case: 22STCV22830, Date: 2023-11-22 Tentative Ruling

Case Number: 22STCV22830    Hearing Date: February 8, 2024    Dept: 14

Naldzyhan v. Shabby Aquascapes Design Group

Case Background

Plaintiff alleges that he hired defendants to redo some landscaping and build him a pool house. Plaintiff claims that defendants were unlicensed and did not complete the job.

Complaint

On February 22, 2023, Plaintiff filed his First Amended Complaint (“FAC”) for (1) Fraud, (2) Breach of Contract, (3) Disgorgement, (4) Negligence, (5) Professional Negligence, and (6) Surety Liability against Defendants Sabby Aquascapes Design Group, Inc. (“Sabby”), James Uri Woodard (“Woodard”), Shon Curtis Sanders (“Sanders”), Danniel Kang (“Kang”), the North River Insurance Company (“North River”), American Contractors Indemnity Company (“ACIC”), and DOES 1-10.

The first four causes of action are asserted against Defendants Sabby, Woodard, and Sanders only. The fifth cause of action is asserted against Defendant Kang only. The sixth cause of action is asserted against Defendants North River and ACIC only.

            On February 24, 2023, Defendant Kang filed his Answer.

            On March 21, 2023, Defendants Sabby and Woodard filed their joint Answer.

            On March 28, 2023, Defendant ACIC filed its Answer.

            On November 22, 2023, this court dismissed the claims against Defendant ACIC, without prejudice.

            Defendants Sanders and North River have neither been served nor filed a responsive pleading.

Cross-Complaint

On November 21, 2022, Defendant ACIC filed its Cross-Complaint for (1) Interpleader and (2) Injunctive Relief against Plaintiff and Cross-Defendants Sabby, Giorgio Angelini (“Angelini”), and ROES 1-50.

On February 6, 2023, Cross-Defendant Sabby filed its Answer.

On February 9, 2023, Cross-Complainant ACIC filed two “Amendments to Complaint” substituting Cross-Defendants David Sperling and Jessica Sperling (collectively “Sperlings”) in lieu of ROES 1-2, respectively.

On March 7, 2023, Plaintiff/Cross-Defendant filed his Answer.

On March 28, 2023, Cross-Complainant ACIC voluntarily dismissed Cross-Defendant Sperlings, without prejudice.

On April 18, 2023, Cross-Defendant Angelini filed their Answer.

On June 14, 2023, Cross-Complainant ACIC filed an “Amendment to Complaint” substituting Cross-Defendant Marc Garbell (“Garbell”) in lieu of ROE 3.

On August 30, 2023, Cross-Complainant ACIC filed two “Amendments to Complaint” substituting Cross-Defendants Pedram Eliasnik (“Eliasnik”) and Ashlee Nik (“Nik”) in lieu of ROES 4-5, respectively.

On October 5, 2023, Cross-Complainant ACIC voluntarily dismissed Cross-Defendants Eliasnik and Nik, without prejudice.

On November 22, 2023, this court granted Cross-Complainant ACIC’s motion for discharge.

Trial Date

Jury Trial is currently set for March 25, 2024.

Instant Motion

Defendant Kang now moves this court, per Code of Civil Procedure §§ 877 and 877.6, for orders (1) determining that the settlement between Defendant Kang and Plaintiff was entered into in good faith within the meaning of those statutes, (2) barring the prosecution of any future cross-complaint by any other joint tortfeasor.

Decision

            The motion is GRANTED.

            The instant motion is not contested. The motion sets forth the ground of good faith and is accompanied by a memorandum and declaration which set forth the background of the case and sketches the terms of the settlement. There is no indication of collusion or that the settlement was not negotiated at arms’ length.