Judge: Donald F. Gaffney, Case: Funez v. South Coast Post Acute, Date: 2023-07-26 Tentative Ruling

TENTATIVE RULING: 

Application for Determination of Good Faith Settlement

Southern California Permanente Medical Group (Doe 2) and Mark David Abramson, M.D., (Doe 1) apply for an order determining their settlement with Plaintiffs to be in good faith. For the following reasons, the unopposed motion is GRANTED.

Code of Civil Procedure Section 877.6 allows an alleged joint tortfeasor to obtain a determination that his or her settlement is in good faith, thus barring actions for contribution or indemnity by the remaining alleged tortfeasors. (Code Civ. Proc., § 877.6(c).) There is no precise yardstick for measuring “good faith” of a settlement with one of several tortfeasors, but courts must harmonize the public policy favoring settlements with the competing public policy favoring equitable sharing of costs among tortfeasors. To accomplish this, the settlement must be within the “reasonable range” (within the “ballpark”) of the settling tortfeasor’s share of liability for the plaintiff’s injuries. (Tech-Bilt, Inc. v. Woodward-Clyde & Assoc. (1985) 38 Cal.3d 488, 499.) The court considers the following factors in determining good faith, including: (1) a rough approximation of plaintiffs’ total recovery and the settlor’s proportionate liability; (2) the amount paid in settlement; (3) the allocation of settlement proceeds among plaintiffs; (4) the recognition that a settlor should pay less in settlement than he would if he were found liable after a trial; (5) the financial conditions and insurance policy limits of settling defendants; (6) the existence of collusion, fraud or tortious conduct aimed to injure the interests of nonsettling defendants. (Id. at pp. 499-500.)

The burden of proof is on a party opposing the good faith determination. (Code Civ. Proc., § 877.6(d).) Where the nonsettling defendants do not oppose the good faith determination, “a 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.” (City of Grand Terrace v. Super. Ct. (1987) 192 Cal.App.3d 1251, 1261.)

Here, Moving Defendants submit a declaration setting forth a brief background of the case and making a basic showing of good faith. (See Tredway Decl. ¶¶ 3-9, 12-14.) The court finds this sufficient to meet Moving Defendants’ burden and that the settlement amount is within the reasonable range of Moving Defendants’ share of liability for plaintiff’s alleged injuries.

Moving Defendants to give notice.