Judge: Donald F. Gaffney, Case: "5 Coral Cove Way LLC v. AI’s Engineering, Inc.", Date: 2022-07-27 Tentative Ruling

TENTATIVE RULING: 

Defendant Al’s Engineering, Inc.’s Motion to Determine Good Faith Settlement is CONTINUED to August 31, 2022, at 9:00 a.m. in N16.

Moving party requested that the court dismiss the Cross-complaint in the related case, 5 Coral Cove Way LLC v. Irie Kasinger, individually and dba Irie’s Roofing, 30-2021-01229781. Irie Kasinger, individually and dba Irie’s Roofing has filed a Cross-complaint against Al’s Engineering. Notice of this motion was not provided to Irie Kasinger, individually and dba Irie’s Roofing.

Code Civ. Proc., § 877.6 (c) provides that “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.”

“A settling tortfeasor's section 877.6, subdivision (c) good faith settlement determination discharges indemnity claims by other tortfeasors, whether or not named as parties, so long as the other tortfeasors were given notice and an opportunity to be heard.” (Gackstetter v. Frawley (2006) 135 Cal.App.4th 1257, 1273.) “The due process right to be heard is satisfied when a party is informed the matter is pending so he or she can choose whether or not to contest it.” (Britz, Inc. v. Dow Chemical Co. (1999) 73 Cal.App.4th 177, 183.) (See Cal. Prac. Guide Pers. Inj. (Rutter Group) 4:886.)

If the court granted this motion at this time, the only effected party would be Plaintiff that received notice of this motion. Therefore, the court will continue the motion to August 31, 2022, at 9:00 a.m. in Department N16. The motion shall be served on all parties that moving party desires to be bound by the court’s ruling.

Moving party to give notice.