Judge: Douglas W. Stern, Case: 21STCV13351, Date: 2023-05-17 Tentative Ruling
Case Number: 21STCV13351 Hearing Date: May 17, 2023 Dept: 68
JOHN DOE vs SAN MARINO UNIFIED SCHOOL DISTRICT, et al,
Case No. 21STCV13351
Motion for Good Faith Settlement - C.C.P. § 877.6
Defendant Western Camps, Inc., dba. River Way Ranch Camp
(“Western”) has filed this motion seeking a determination that that its
settlement with Plaintiff John Doe is a good faith settlement within the
meaning of Code of Civil Procedure § 877.6 and Tech-Bilt, Inc. v.
Woodward-Clyde & Associates (1985) 38 Cal.3d 488. Western has agreed to pay its policy limits
of $1 million in settlement of the claims against it. Defendant San Marino Unified School District opposes
the motion.
The Court has considered the moving, opposition and reply
papers, and concludes that the $1 million settlement payment is a “good faith
settlement” within the meaning of Code of Civil Procedure § 877.6 and Tech-Bilt,
Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488.
Further, the Court notes the additional fact pointed out by Western
in its Reply Brief. Specifically, the lion’s share of the claimed damages are
noneconomic damages. Therefore, there would not be joint and several liability
for those damages. Instead, under principles of comparative fault, each party
would bear their own liability based upon their own percentage of fault. While a detailed analysis of this issue is
not necessary with regard to this motion, this additional fact suggests that a
good faith settlement has been reached.