Judge: Gregory Keosian, Case: 21STCV08534, Date: 2024-01-18 Tentative Ruling

Case Number: 21STCV08534    Hearing Date: February 22, 2024    Dept: 61

Defendant Big Ben Mounts, Inc.’s Application for Good Faith Settlement Determination is GRANTED.

Defendant to give notice.

I.                   GOOD-FAITH SETTLEMENT

Code of Civil Procedure § 877.6(a)(1) provides:

 Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005. Upon a showing of good cause, the court may shorten the time for giving the required notice to permit the determination of the issue to be made before the commencement of the trial of the action, or before the verdict or judgment if settlement is made after the trial has commenced.

Code of Civil Procedure § 877(c) in turn provides:

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.

A good faith settlement determination also reduces the claims against the nonwetting defendants in the amount stipulated by the settlement. (See Code Civ. Proc. § 877(a).)

Where a motion for determination of good faith settlement is uncontested, 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 to support a good faith determination. (See City of Grand Terrace v. Superior Court (1987) 192 Cal. App. 3d 1251, 1261.)

Defendant and Cross-Complainant Big Ben Mounts, Inc. (Defendant) moves for approval of a settlement reached with Plaintiff Thomas Scott Schlange (Plaintiff). The terms of the settlement are that Defendant is to pay Plaintiff $25,000 in exchange for a release and dismissal of claims against Defendant. (Dougherty Decl. ¶ 3.) Defendant’s counsel testifies that the settlement follows arms-length negotiations and discovery, and that the settlement was reached in good faith and without collusion. (Dougherty Decl. ¶¶ 2, 4, 5.)

The motion is therefore GRANTED.