Judge: Colin Leis, Case: 22STCV06188, Date: 2023-11-14 Tentative Ruling

Case Number: 22STCV06188    Hearing Date: November 14, 2023    Dept: 74

Audrey Barnes, et al. v. Lynwood Charles Walker, Jr., et al.

Defendant Austin Brown’s Application for Determination of Good Faith Settlement

BACKGROUND

            This action arises from a landlord-tenant dispute.

            On February 18, 2022, Plaintiffs Audrey Barnes, DeJohn Linarez, and Nahum Beaired (Plaintiffs) filed a complaint against Defendant Austin Brown (Defendant Brown) and Defendant Lynwood Charles Walker, Jr. (Defendant Walker). The complaint alleges breach of implied warranty of habitability, breach of statutory warranty of habitability, breach of covenant of quiet enjoyment, negligence, violation of Civil Code section 1942.4, private nuisance, and violation of tenant anti-harassment ordinance.

            On October 13, 2023, Defendant Brown filed and served this motion for determination of good faith settlement.

LEGAL STANDARD

            “[A] settling party may give notice of settlement to all parties and to the court, together with an application for determination of good faith settlement and a proposed order. The application shall indicate the settling parties, and the basis, terms, and amount of the settlement.” (Code Civ. Proc., § 877.6, subd. (a)(2).)

            “Within 25 days of the mailing of the notice, application, and proposed order . . . a nonsettling party may file a notice of motion to contest the good faith of the settlement. If none of the nonsettling parties files a motion within [that timeframe], the court may approve the settlement.” (Code Civ. Proc., § 877.6, subd. (a)(2).)

            “A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.” (Code Civ. Proc., § 877.6, subd. (c).)  

            In Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499, the California Supreme Court identified various factors courts are to consider in determining if a settlement is in good faith under section 877.6. But when the good faith nature of a settlement is uncontested, the court need not consider and weigh the Tech-Bilt factors. (City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261.) “[W]hen no one objects, the barebones motion which sets forth the ground of good faith, accompanied by a declaration which sets forth a brief background of the case is sufficient.” (Ibid.)

DISCUSSION

            Defendant Brown seeks a determination of a good faith settlement between himself and all Plaintiffs. The application lists the settling parties and provides the basis, terms, and amount of the settlement. (Application, p. 3.) Moreover, nonsettling Defendant Walker has not challenged the terms of the settlement. Lastly, the court finds that the application demonstrates the grounds of good faith, and the supporting declaration gives a brief background of the action. (Application, pp. 6-9; Zhou Decl., ¶¶ 2-5.)

CONCLUSION

                Based on the foregoing, the court grants Defendant Brown’s application for determination of good faith settlement.

Defendant Brown is ordered to give notice of this ruling.