Judge: Lynne M. Hobbs, Case: 21STCV38057, Date: 2023-05-08 Tentative Ruling

Case Number: 21STCV38057    Hearing Date: May 8, 2023    Dept: 30

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Guillermo Gutierrez, Jr., et al. v. Miguel Santos Alvarez, et al.

21STCV38057

Motion to Challenge Good Faith Settlement, by Defendants Dept of Trans and LA County MTA

Ruling:  Denied. 

Moving party to give notice.

Rationale:

Defendants have the burden of proving that the Settling Defendants made their settlement offer in bad faith.  Defendants fail to meet their burden of proof. 

Neither party provides evidence of Plaintiffs' total recovery.  The evidence shows that Cortez and Trujillo had lower liability proportionally in this action.  The settling defendants are using the aggregate policy limits of the liability insurance available and testified under oath that they have no other assets.  No evidence of fraud or collusion is shown.  Other factors do not weigh strongly in favor of or against a finding of good faith. Further, settling defendants can pay less for resolving the case early.