Judge: Helen Zukin, Case: SC127112, Date: 2023-03-13 Tentative Ruling
Case Number: SC127112 Hearing Date: March 13, 2023 Dept: 207
Background
Plaintiff Billy Ray Gallion
("Plaintiff") alleges that he was subjected to uninhabitable living
conditions while residing in Unit 11 at 1508 12th St., Santa Monica, California
90401. Plaintiff alleges his unit was delivered with and/or subsequently
developed dangerous and hazardous conditions, including mold growth, which
caused him injuries. Plaintiff’s unit represents one of eleven units at the Property.
The remaining ten units at the Property together form a common interest
development subject to the Davis-Stirling Common Interest Development Act (Civ.
Code, § 4000 et seq.). The development is governed by the Fifteen Zero Eight
Twelfth Street Homeowners Association (“HOA”) and is subject to recorded
covenants, conditions, and restrictions. The daily operations of the HOA were
conducted by BLN Property Management, Inc., (“BLN”) a management company.
The HOA, BLN, and Defendants
Constantinos Georgiadis (“Georgiadis”), Izumi Shitoma (“Shitoma”), Dan Brodhead
(“Brodhead”), Cheryl Barnett (“Barnett”), and Cheri Krus (“Kraus” and
collectively “Defendants”) have reached settlements with Plaintiff and now move
the Court for a determination that those settlements were entered into in good
faith pursuant to Code Civ. Proc. § 877.6. Defendants’ motion is
unopposed.
Legal Standard
The Court must approve any
settlement entered into by less than all joint tortfeasors or co-obligors.
(C.C.P. § 877.6.) This requirement furthers two sometimes-competing policies:
(1) the equitable sharing of costs among the parties at fault, and (2) the
encouragement of settlements. (Erreca’s v. Superior Court (1993) 19
Cal.App.4th 1475, 1487.)
If the settlement is made in
good faith, the Court “shall bar any other joint tortfeasor or co-obligor from
any further claims against the settling tortfeasor . . . for equitable
comparative contribution, or partial or comparative indemnity, based on
comparative negligence or comparative fault.” (C.C.P. § 877.6(c).) The
non-settling tortfeasors or obligors bear the burden of demonstrating the
absence of good faith in the settlement. (C.C.P. § 877.6(d).)
In order to demonstrate a lack
of good faith, the non-settling party must show the settlement is so far “out
of the ballpark” as to be inconsistent with the equitable objectives of section
877.6. (Nutrition Now, Inc. v. Superior Court (2003) 105 Cal.App.4th
209, 213.) The Court will typically consider: (1) the plaintiff’s (roughly)
approximated total recovery; (2) the settlor’s share of liability; (3) the size
of the settlement at issue; (4) the distribution of settlement proceeds among
plaintiffs; (5) the usual discount value when plaintiffs settle before trial;
(6) the settlor’s financial condition and insurance policy limits; and (7)
whether there is evidence of “collusion, fraud, or tortious conduct aimed to
injure the interests of nonsettling defendants.” (Tech-Bilt, Inc. v.
Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499 (Tech-Bilt).)
“Another key factor is the settling tortfeasor's potential liability for
indemnity to joint tortfeasors.” (Long Beach Memorial Medical Center v.
Superior Court (2009) 172 Cal.App.4th 865, 873 [as modified (Apr. 1,
2009].)
These factors will be evaluated accordingly to what
information is available at the time of settlement. (Ibid.)
Analysis
Mr. Brodhead and Plaintiff have
agreed to settle Plaintiff’s claims against him in exchange for a payment of
$150,000. The other moving Defendants collectively and separately reached a
settlement with Plaintiff in the amount of $1,200,000 allocated as follows:
$725,000 jointly by the HOA and BLN, $125,000 each by Georgiadis, Shitoma, and
Krus; and $100,000 by Barnett.
Defendants have provided an
analysis of Plaintiff’s claims and assert there is little to no evidence that they
directly caused or contributed to Plaintiff’s damages and Plaintiff faces the
possibility of a finding of contributory negligence if his claims against them
were to proceed at trial. The Court is satisfied the $150,000 Brodhead
settlement and cumulative $1,200,000 settlement reached by the remaining moving
Defendants are within the “ballpark” of Defendants’ proportionate share of
liability, particularly when considering the discount afforded to settlement
figures where, as here, a claim is resolved before trial. The Court notes the
amount of these settlements are in range with the settlements reached between
Plaintiff and other parties, which the Court has previously determined to be
entered into in good faith pursuant to Code Civ. Proc. § 877.6.
The Court finds the remaining Tech-Bilt
factors are satisfied as well. There is only one Plaintiff in this action, so
there are no concerns regarding the allocation of settlement funds between
multiple plaintiffs. The Court also finds no evidence of collusion, fraud, or
other tortious conduct on behalf of Plaintiff or Defendants, and the Court
notes no other party has opposed this motion or otherwise suggested any such
fraud or collusion is present here.
On such facts, the Court finds the
settlements between Plaintiff and Defendants was entered into in good faith
under Code Civ. Proc. § 877.6 and accordingly Defendants’ motion is
GRANTED.
Counsel for the moving parties has separately filed a
declaration attesting to an error made in the Court’s February 16, 2023, minute
order. (See March 1, 2023, Landers Decl.) Counsel correctly points out the
separate motion for determination of good faith settlement brought by Defendant
Julie Barash (“Barash”) came on for hearing on February 16, 2023, before the
Court. The Barash motion was unopposed and was granted by the Court. At the
time of the February 16 hearing, the instant motion for determination of good
faith settlement was scheduled for hearing on March 2, 2023. Because the Court
was going to be dark on March 2, the Court continued the hearing on the instant
motion to March 13. The February 16, 2023, minute order issued by the Court
inadvertently conflated the Barash motion with the instant motion, and states
only that the Barash motion was being continued. The Barash motion was granted
on February 16.
Conclusion
Defendants Fifteen Zero Eight Twelfth
Street Homeowners Association, BLN Property Management, Inc., Constantinos
Georgiadis, Izumi Shitoma, Dan Brodhead, Cheryl Barnett, and Cheri Krus’
motion for determination of good faith settlement is GRANTED. Pursuant to Code
Civ. Proc. § 877.6(c) all claims by any other party, or any other joint tortfeasor
or co-obligor against Defendants based upon equitable or comparative
contribution, partial or comparative indemnity, implied indemnity, equitable
indemnity, or otherwise based in any way on comparative negligence or
comparative fault, are dismissed.