Judge: Joel L. Lofton, Case: 19STCV16763, Date: 2023-01-05 Tentative Ruling

Case Number: 19STCV16763    Hearing Date: January 5, 2023    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:     January 5, 2023                                   TRIAL DATE: February 28, 2023

CASE:                         DAVID PEREZ ARAMBULA v. ALEX TANNER SCHLEGER, LUIS AVALOS ULLOA, and DOES 1 to 20.

CASE NO.:                 19STCV16763 (Lead Case)

MOTION FOR RECONSIDERATION

MOVING PARTY:               Defendant Alex Tanner Schlegel

RESPONDING PARTY:      Plaintiffs Oscar Rivera and Melinda Rivera 

SERVICE:                              Filed December 7, 2022

OPPOSITION:                       Filed December 15, 2022

REPLY:                                   Filed December 27, 2022

RELIEF REQUESTED

            Schlegel’s files a renewed motion for his previously filed motion for determination of good faith settlement.

BACKGROUND

             This case arises out of a four-car accident that allegedly occurred on June 21, 2018. The four-vehicle chain started when Defendant Alex Tanner Schlegel’s (“Schlegel”) vehicle collided with the rear of Plaintiff David Perez Arambula’s (“Arambula”) vehicle. Then, a vehicle driven by Defendant Luis Avalos Ulloa (“Ulloa”), collided with Schlegel’s vehicle. Arambula’s vehicle collided with Plaintiffs Oscar and Melinda Rivera’s (“the Riveras”) vehicle. This case was consolidated with two other cases, Rivera v. Schleger, 19STCV29907, and Goshia v. Avalos, 20STCV2330.

TENTATIVE RULING

            Schlegel’s motion for renewal is DENIED.

LEGAL STANDARD

“A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. For a failure to comply with this subdivision, any order made on a subsequent application may be revoked or set aside on ex parte motion.” (Code Civ. Proc. section 1008, subdivision (b).

DISCUSSION

            On September 14, 2022, this court denied Schlegel’s motion for a determination of good faith settlement as to the claims brought by Arambula. The motion was denied because Schlegel failed to provide any supporting declaration or evidence that demonstrated the settlement was made in good faith pursuant to the factors discussed in Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499 (“Tech-Bilt”). On September 22, 2022, the case was reassigned for all purposes to Department P at Pasadena Courthouse to be presided over by the Honorable Margaret L. Oldendorf (“Judge Oldendorf”). On November 2, 2022, Judge Oldendorf denied Schelgel’s motion for a determination of good faith settlement because Schegel’s motion was procedurally defect under Code of Civil Procedure section 1008 and substantively deficient under the Tech-Bilt factors.

            On December 7, 2022, Schlegel filed this renewal motion in Department X at Alhambra Courthouse. The language of Code of Civil Procedure section 1008, subdivision (b), allows leeway for a moving party to file the renewed motion with a different judge than the one that initially heard the motion. (See also Deauville Restaurant, Inc. v. Superior Court (2001) 90 Cal.App.4th 843, 849-50.) Schlegel does not explain why the renewed motion was filed in Department X when the case was reassigned to Department P.

            In the November 2, 2022, Minute Orders, Judge Oldendorf, in addition to pointing out the procedural deficiencies in Schlegel’s motion, explained that Schelgel’s motion failed to provide a sufficient showing that the settlement was made in good faith under the Tech-Bilt factors. Despite this, Schlegel files what is essentially a third motion for a determination of good faith settlement with this court. This court declines to grant Schlegel a third attempt, especially given the fact that Judge Oldendorf has already issued a decision on the matter.

CONCLUSION

            Schlegel’s motion for renewal is DENIED.

Dated:   January 5, 2023                                             ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court indicating their

intention to submit.  Parties intending to appear are strongly encouraged to appear remotely.  alhdeptx@lacourt.org