Judge: Elaine W. Mandel, Case: 24SMCV05039, Date: 2025-04-17 Tentative Ruling

Case Number: 24SMCV05039    Hearing Date: April 17, 2025    Dept: P

Tentative Ruling

Weinberg v. Sit ‘N Sleep, Case no. 24SMCV05039

Hearing date April 17, 2025

Defendant Sit ‘N Sleep’s Motion for Determination of Good Faith Settlement

Plaintiffs sue defendants Sit ‘N Sleep, Inc. (“SNS”), Kingsdown, Inc. and Integrated Bedding Group, alleging the Kingsdown mattress purchased from SNS was defective. SNS moves for determination of good faith settlement for $9,500. The motion is unopposed.

Per Cal. Code Civ. Proc. §877.6 the court may determine whether a settlement is in good faith, in its discretion. Tech-Bilt, Inc. v. Woodward-Clyde & Assoc. (1985) 38 Cal.3d 488, 502; Mattco Forge, Inc. v. Arthur Young & Co. (1995) 38 Cal.App.4th 1337, 1349. The standards by which the “good faith” is determined include: (1) a rough approximation of plaintiffs’ total recovery and the settlor’s proportionate liability; (2) amount paid in settlement; (3) allocation of settlement proceeds among plaintiffs; (4) a recognition that a settlor should pay less in settlement than if found liable after trial; (5) the financial condition and insurance limits of the settling defendant; and (6) any collusion, fraud, or tortious conduct aimed to injure the interests of non-settling defendants; the party asserting lack of good faith has the burden of proof on that issue. Cal. Code Civ. Proc. §877.6(d); Tech-Bilt, supra, at p. 499; Mattco Forge, supra, at 1350, fn. 6.

SNS agreed to pay $9,500 to settle all claims after negotiation. Decl. Rawdin paras. 7-10, 13; exh. A. SNS argues this represents a fair apportionment of its liability as the entity which sold the mattress for $5,045.32. Compl. No. BC-1. Plaintiffs pled damages of $100,000. Compl. No. BC-4.

The proposed settlement is nearly double what plaintiffs spent on the mattress and resulted from arms-length negotiations. Tech-Bilt, supra, requires an acknowledgement that the settling party ought to pay less than it would at trial. The unopposed motion is GRANTED.