Judge: Douglas W. Stern, Case: 21STCV22752, Date: 2023-04-14 Tentative Ruling

Case Number: 21STCV22752    Hearing Date: April 14, 2023    Dept: 68

Notice of Settlement filed 3/17/23   Code of Civil Procedure § 877.6

Defendants ALLISON MARGOLIN, and JAMES RAZA LAWRENCE, and MARGOLIN & LAWRENCE (“Defendants”) and Plaintiffs DANIEL MOHSIN and GREENMAN SACKS, LLC., have reached a settlement. Defendants are paying Plaintiffs a total of $140,000 in return for a dismissal of this action with prejudice. Defendants are proceeding pursuant to Code of Civil Procedure § 877.6(a)(2) and presumably seek the benefit of that statute.

“(c) 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.”

The Notice of Settlement and of Application for Good Faith Determination was filed on March 17, 2023. It was served on counsel for Plaintiffs Daniel Mohsin and Greenman Sacks, LLC.

Also named in the lawsuit as a defendant is Bleu Michael Garner.  He was not served with notice of the Application.

Code of Civil Procedure § 877.6(a)(2) provides:

(2) In the alternative, 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. The notice, application, and proposed order shall be given by certified mail, return receipt requested, or by personal service. Proof of service shall be filed with the court. Within 25 days of the mailing of the notice, application, and proposed order, or within 20 days of personal service, 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 25 days of mailing of the notice, application, and proposed order, or within 20 days of personal service, the court may approve the settlement. The notice by a nonsettling party shall be given in the manner provided in subdivision (b) of Section 1005. However, this paragraph shall not apply to settlements in which a confidentiality agreement has been entered into regarding the case or the terms of the settlement.

Since Defendant Garner has not been given notice of this Application he shall not be bound by an Order granting the Application for Good Faith Determination.  Since the settling parties are all the other Defendants and all Plaintiffs, the Court acknowledges that it fails to understand how the Application achieves anything.

In light of the fact that the Application appears to have no impact, the Court is not inclined to grant the Application.