Judge: Marcella O. Mclaughlin, Case: 37-2022-00032109-CU-PO-CTL, Date: 2024-03-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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TENTATIVE RULINGS - March 28, 2024

03/29/2024  09:00:00 AM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2022-00032109-CU-PO-CTL ELIZABETH P. VS MCFARLAND [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Determination of Good Faith Settlement, 02/29/2024

The unopposed motion for determination of good faith settlement is GRANTED.

In Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, the California Supreme Court outlined the factors a trial court should consider in determining whether a settlement is in 'good faith.' These include: a rough approximation of the plaintiff's 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 if found liable after a trial. Id. at 499.

'[W]hen the good faith nature of a settlement is disputed, it is incumbent upon the trial court to consider and weigh the Tech-Bilt factors.' City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261. However, if no non-settling party objects, 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.' Id.

In this case, the settling defendants have set forth a brief background of the case and have made a sufficient showing that the settlement is within the reasonable range of their proportionate liability. See ROA 104. Accordingly, the court finds that the settlement between plaintiff and the settling defendants was made in good faith within the meaning of Code of Civil Procedure section 877.6.

This determination bars other joint tortfeasors and co-obligors from asserting any further claims against the settling defendants for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault. Code Civ. Proc. § 877.6.

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