Judge: Lee W. Tsao, Case: 21NWCV00495, Date: 2023-05-16 Tentative Ruling

Case Number: 21NWCV00495    Hearing Date: May 16, 2023    Dept: C

PALACIO v. RAMON’S TRUCKING, et al.

CASE NO.:  21NWCV00495

HEARING:  5/16/23 @ 9:30 AM

#2

TENTATIVE ORDER

Defendant Val-Pro, Inc.’s unopposed application for determination of good faith settlement pursuant to CCP § 877.6 is GRANTED.

Moving Party to give NOTICE.

Defendant Val-Pro, Inc. moves for good faith settlement determination pursuant to CCP § 877.6.

This is an employment discrimination case brought by Plaintiff Modesto Palacio.  The Complaint asserts causes of action for:

1.        Discrimination

2.        Retaliation

3.        Failure to Prevent Discrimination and Retaliation

4.        Wrongful Termination

5.        Lab. Code § 226.7

6.        Lab. Code §§ 201-203

7.        Lab. Code §§ 1198.5 and 226(c)

8.        Failure to provide Itemized Wage Statements

9.        B&P Code § 17200

10.    Lab. Code § 512

11.    Lab. Code §§ 510, 1194

Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt may seek a judicial determination that a settlement was made in good faith; such a determination bars 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.  The party asserting the lack of good faith shall have the burden of proof on that issue.”  (CCP § 877.6 (a), (c)-(d).)  

If the nonsettling defendants do not oppose the motion on the good faith issue, a “barebones motion which sets forth the ground of good faith, accompanied by a declaration which sets forth a brief background of the case, is sufficient.”  (City of Grand Terrace v. Sup.Ct. (1987) 192 CA3d 1251, 1261.)

Attorney Nickerson’s declaration set forth grounds for good faith determination.   Plaintiff and Defendant Val-Pro have agreed to settle Plaintiff’s claims for $10,000.00; no admission of liability by Val-Pro; and dismissal with prejudice of all of Plaintiff’s current and future claims.

There is no opposition.  Accordingly, the court finds the settlement was made in good faith.  Motion is GRANTED.