Judge: Kerry Bensinger, Case: 22STCV13244, Date: 2023-01-24 Tentative Ruling

Case Number: 22STCV13244    Hearing Date: January 24, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.         BACKGROUND

          On April 20, 2022, Plaintiff Gabriel Marroquin Rivera (“Plaintiff”) brought this motor vehicle negligence action against Defendants Jose Torres (“Nonsettling Defendant”) and Michael Aldas (“Settling Defendant”). Plaintiff alleges on November 11, 2020, Settling and Nonsettling Defendants negligently rear-ended him on SR-57 in the city of Diamond Bar, California.

          On September 15, 2022, Michael Aldas, as the Settling Defendant, filed a notice of settlement with Plaintiff and an application for determination of good faith settlement. On December 16, 2022, Settling Defendant filed an additional ex parte application for good faith determination. On December 19, 2022, the Court denied Settling Defendant’s application, finding it could not rule on the application ex parte. Instead, the Court scheduled the matter for hearing on January 24, 2023. No opposition has been filed.  

II.        LEGAL STANDARD

“[A] settling party may give notice of settlement to all parties and to the court, together with an application for determination of good faith settlement and a proposed order. The application shall indicate the settling parties, and the basis, terms, and amount of the settlement. The notice, application, and proposed order shall be given by certified mail, return receipt requested, or by personal service. Proof of service shall be filed with the court. Within 25 days of the mailing of the notice, application, and proposed order, or within 20 days of personal service, a nonsettling party may file a notice of motion to contest the good faith of the settlement. If none of the nonsettling parties files a motion within 25 days of mailing of the notice, application, and proposed order, or within 20 days of personal service, the court may approve the settlement.” (Code Civ. Proc. § 877.6(a)(2).)

“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.” (Code Civ. Proc. § 877.6(c).)

III.      DISCUSSION

          Settling Defendant brings this application on grounds that this application was served on all parties who have appeared in this action and no party has filed a motion to contest the good faith settlement between Settling Defendant and Plaintiff.

The purpose of a section 877.6 hearing is to ensure fairness to absent tortfeasors. (Hamilton v. Maryland Cas. Co. (2002) 27 Cal.4th 718, 729.) “Failure to bring into the good faith settlement determination any likely defendant as a necessary party will have the usual effect—the judgment cannot bind the absent party.” (Singer Co. v. Superior Court (1986) 179 Cal.App.3d 875, 892 [citing Kraus v. Willow Park Public Golf Course (1977) 73 Cal.App.3d 354, 368].)

Here, Settling Defendant provides proof of service of his application for determination of good faith settlement on Plaintiff. However, Settling Defendant does not provide proof of service on the other alleged tortfeasor in this action—Nonsettling Defendant Jose Torres. Settling Defendant basis this application on the fact that it was served on all parties who have appeared in this action, but this is not the standard. Code of Civil Procedure section 877.6 requires that notice of the settlement and application for good faith determination be served on “all parties”—regardless of whether they have appeared. This is because Section 877.6 is designed to protect the nonsettling tortfeasor.

Pursuant to Code of Civil Procedure section 877.6, Settling Defendant must serve his settlement agreement with Plaintiff and his application for determination of good faith settlement on Nonsettling Defendant and file proof of service with the Court. If Nonsettling Defendant does not file a motion to contest the good faith determination within 25 days of service, the Court will grant Settling Defendant’s application.

          Accordingly, Settling Defendant’s application for determination of good faith settlement is DENIED without prejudice. Settling Defendant must file proof of service of the settlement agreement and application for determination of good faith on Nonsettling Defendant Jose Torres.

IV.      CONCLUSION

          Defendant Michael Aldas’s application for determination of good faith settlement is DENIED without prejudice.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

      Dated this 24th day of January 2023