Judge: Elaine W. Mandel, Case: 21SMCV01961, Date: 2023-08-09 Tentative Ruling

Case Number: 21SMCV01961    Hearing Date: September 26, 2023    Dept: P

Tentative Ruling

Jones, et al. v. The Farmer Limited Partnership et al., Case No. 21SMCV01961

Hearing Date September 26, 2023

Motion for Order Clarifying or in the Alternative Motion Contesting Application for Determination of Good Faith Settlement

Plaintiffs Jones allege defendants failed to honor an option agreement for the purchase of a house. Defendants Farmer and The Farmer Limited Partnership allege their real estate brokers and agents, non-parties Grether, Mark and Compass California, Inc. (collectively “Compass”), negligently drafted the option agreement. On April 21, 2023 plaintiffs settled with defendants R&LS Investments, Inc., Phelps and Pacific Union International, Inc.

The Farmer parties seek clarification that a determination of good faith settlement would not bar future claims against Compass, although the motion names Compass and Grether as “settling parties.” A good-faith settlement determination cannot cover Compass, since none of the Compass parties is named nor moved for determination of a good faith settlement.

Although page five of the request names “Compass California, Inc.” as a settling party, the notice identifies only R&LS Investments, Inc., Phelps and Pacific Union International as settling defendants.

The Farmer partners do not otherwise dispute the request for determination of good faith settlement. The court grants the motion as to R&LS Investments, Phelps and Pacific Union International only.

To the extent moving parties intended to include Compass in the request for determination, the Compass parties are NOT included within the court’s order, as they are not parties. GRANTED.