Judge: Joel R Wohlfeil, Case: 37-2018-00032100-CU-BC-CTL, Date: 2024-01-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 11, 2024

01/12/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2018-00032100-CU-BC-CTL JAIME PARTNERS INC VS ALLEGRO TOWERS LP [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Determination of Good Faith Settlement, 11/14/2023

The unopposed Motion (ROA # 450) of Defendants / Cross-Defendant COSCO FIRE PROTECTION INC. ('Defendant' or 'Cosco') for an order that the conditional settlement between Defendant and Plaintiff JAIME PARTNERS, INC. ('JAIME') was entered into in good faith; and 2. barring all future claims for indemnity and contribution against COSCO and JAIME, and for a determination that the settlement was entered into in good faith, and that no cross-complaints be allowed against COSCO and JAIME, is GRANTED.

This determination bars any other joint tortfeasor or co-obligor from any further claims against the settling parties for equitable comparative contribution, or partial or comparative indemnity based on comparative negligence or comparative fault. Code Civ. Pro. 877.6(c).

The moving party has demonstrated that the settlement was made in good faith, and is a fair approximation of Plaintiff's total recovery and the settlors' proportionate liability. See Tech-Bilt, Inc. v. Woodward Clyde & Associates (1985) 38 Cal. 3d 488, 499.

The Court will sign the proposed order - ROA # 451 - as modified, at the hearing of this Motion.

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