Judge: Eddie C. Sturgeon, Case: 37-2020-00004765-CU-BC-CTL, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 26, 2023

10/27/2023  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Eddie C Sturgeon

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2020-00004765-CU-BC-CTL DONAHOE VS OTTE [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Determination of Good Faith Settlement, 05/12/2023

Cross-Defendants Arbib Family Trust, Nisim Arbib, and Development Dream Homes, Inc.'s unopposed Motion for Determination of Good Faith Settlement is GRANTED. The court finds that the settlement was made in good faith based on the factors set forth in Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488. Because there are no objections to the settlement, nothing more is required.

(City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261 ['when no one objects, 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.'].) The motion is granted.

No proof of service appears on the ROA for Defendants Willis Allen Real Estate and Scott Warren's unopposed Motion for Determination of Good Faith Settlement. (See Cal. Rules of Court, Rule 3.1300(c) ['Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.'].) The court will hear from the parties as to the proof of service and a continuance.

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