Judge: Lee S. Arian, Case: 22STCV24820, Date: 2024-07-15 Tentative Ruling

Case Number: 22STCV24820    Hearing Date: July 15, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27

MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT

Hearing Date: 7/15/24 

CASE NO./NAME: 22STCV24820 MARIE DEKERMENJI vs CITY OF GLENDALE

Moving Party: Aghayani Defendants

Responding Party: Unopposed

Notice: Sufficient 

Ruling: MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT IS GRANTED

Legal Standard

CCP section 877.6(a)(1) provides that “[a]ny party to an action wherein 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 . . . and one or more alleged tortfeasors or co-obligors . . . .”¿ (Code. Civ. Proc., § 877.6(a)(1).) “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.” (Id., § 877.6(c).)¿Although a determination that a settlement was in good faith does not discharge any other party from liability, “it shall reduce the claims against the others in the amount stipulated” by the settlement.¿(Id., § 877(a).)

Factors to consider in determining if a settlement was made in good faith include “a rough approximation of plaintiffs’ total recovery and the settlor’s proportionate liability, the amount paid in settlement, the allocation of settlement proceeds among plaintiffs, and a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial.”¿(Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499.)¿“Other relevant considerations include the financial conditions and insurance policy limits of settling defendants, as well as the existence of collusion, fraud, or tortious conduct aimed to injure the interests of nonsettling defendants.” (Id.)

The evaluation of whether a settlement was made in good faith is required to “be made on the basis of information available at the time of settlement.”¿(Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499.)¿ “[A] court not only looks at the alleged tortfeasor’s potential liability to the plaintiff, but it must also consider the culpability of the tortfeasor vis-à-vis other parties alleged to be responsible for the same injury.”¿(TSI Seismic Tenant Space, Inc. v. Superior Court (2007) 149 Cal.App.4th 159, 166.)¿ “Potential liability for indemnity to a nonsettling defendant is an important consideration for the trial court in determining whether to approve a settlement by an alleged tortfeasor.”¿(Id.)

“The party asserting the lack of good faith shall have the burden of proof on that issue.” (Code Civ. Proc., § 877.6(d).)¿The party asserting the lack of good faith can establish that the proposed settlement was not a settlement made in good faith by showing the settlement is so far “out of the ballpark” in relation to the Tech-Bilt factors as to be inconsistent with the equitable objectives of the statute.¿(Tech-Bilt, Inc., supra, 38 Cal.3d at 499-500.)

Unopposed Motion

An unopposed motion for determination of good faith of settlement need not contain a full and complete discussion of the Tech-Bilt factors (Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488) by declaration or affidavit; rather, a bare bones motion setting forth the grounds of good faith and a declaration containing a brief background of the case is sufficient.¿(City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261.)¿  

Analysis and Conclusion

This case arises out of Plaintiff Marie Dekermenji allegedly tripping and falling on May 26, 2021, on the public sidewalk owned and maintained by Defendant City of Glendale, which is adjacent to the residential property owned by Defendants Andre Aghayani and Blandin Aghayani (Aghayani Defendants). Plaintiff alleges injury to her wrist and elbow. Defendants contend that the displacement in question was less than an inch in height. The parties attended mediation on June 4, 2024, and Plaintiff and the Aghayani Defendants accepted the mediator’s proposal and entered into a settlement in the amount of $25,000.00. Aghayani Defendants now move the Court for a determination of good faith settlement.

The present motion is unopposed, and there are no filings objecting to the settlement at issue. The motion demonstrates that the settlement agreement was reached in good faith during mediation. It also contains a brief background of the case. The moving party has made a sufficient showing. Thus, Settling Defendants’ Motion for Determination of Good Faith Settlement is GRANTED. 

PLEASE TAKE NOTICE: 

If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept27@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿You should assume that others may appear at the hearing to argue.

If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion.