Judge: Mark H. Epstein, Case: 20SMCV00509, Date: 2023-04-04 Tentative Ruling

Case Number: 20SMCV00509    Hearing Date: April 4, 2023    Dept: R

The motion is DENIED.  The opposing parties are correct that a motion for a good faith determination pursuant to Code of Civil Procedure section 877.6 cannot be made after there has been a verdict or judgment.  In the context of bifurcated trials, there is some disagreement as to whether a determination of liability bars a good faith settlement motion.  The leading case suggesting that it does is Halpin v. Superior Court (1971) 14 Cal.App.3d 530.  The leading case on the other side is Price Pfister, Inc. v. William Lyon Co (1993) 14 Cal.App.4th 1643, which suggests that a verdict on liability alone does not bar the motion.  The problem for the moving parties, though, is that the case as against them was decided fully—not just as to liability.  While it is true that the moving parties could have pursued their appellate rights and perhaps have overcome the judgment, that does not affect the timing of the good faith motion.  The motion still must be made “before the verdict or judgment if settlement is made after the trial has commenced.”  (Code Civ. Proc. § 877.6.)  Accordingly, the motion comes too late and must be DENIED.