Judge: Loren G. Freestone, Case: 37-2021-00051680-CU-NP-CTL, Date: 2023-12-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 07, 2023

12/08/2023  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  Non-PI/PD/WD tort - Other Motion Hearing (Civil) 37-2021-00051680-CU-NP-CTL HEPWORTH VS KAHN [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Cross-Defendants Terra Nova Realty and Adolfo Moreno's (collectively, Terra Nova) unopposed motion for determination of good faith settlement is GRANTED as set forth below.

Whether a settlement was entered into in good faith is determined based on the various factors set forth in Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488. However, 'only when the good faith nature of a settlement is disputed, it is incumbent upon the trial court to consider and weight the Tech-Bilt factors. That is to say, when no one objects, the 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. Superior Court (1987) 192 Cal.App.3d 1251, 1261.) The court has reviewed the motion, supporting declaration, and exhibits, and in the absence of any opposition, finds the settlement to be in good faith.

However, to the extent Terra Nova requests that the court also dismiss the cross-complaint, such relief is improper at this juncture. (See, e.g., Housing Group v. Superior Court (1994) 24 Cal.App.4th 549, 552–553 & fn. 5.) Calendar No.: Event ID:  TENTATIVE RULINGS

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