Judge: Maurice A. Leiter, Case: 19STCV28303, Date: 2023-01-17 Tentative Ruling

Case Number: 19STCV28303    Hearing Date: January 17, 2023    Dept: 54

Hearing Date: January 17, 2022

Department 54, Judge Maurice A. Leiter

Motion to Determine Good Faith Settlement

Moving Party: Plaintiff Paul Van Kleef

Responding Party: None

T/R:     PLAINTIFF’S MOTION TO DETERMINE GOOD FAITH SETTLEMENT IS GRANTED.

            PLAINTIFF TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. 

            The Court considers the moving papers. No opposition has been received.

BACKGROUND 

On September 17, 2019, Plaintiff Paul Van Kleef filed the operative first amended complaint against Defendants Clean Concept, LLC, the Estate of Max Azria, Yasmine Hanane, Robert McFarlane, and Lubov Azria, asserting twenty causes of action for issues relating to the parties’ business dealings.  

ANALYSIS

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 shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors upon giving notice in the manner provided in Code of Civil Procedure, section 1005(b).  (CCP § 877.6(a)(1).)  A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.  (CCP § 877.6 (c).)  The party contesting the settlement bears the burden of proving that the settlement is in bad faith.  (CCP § 877.6 (d).) 

Plaintiff Paul Van Kleef and Clean Concept LLC apply for approval of their good faith settlement with Defendant Yasmine Hanane. The parties have agreed to dismiss their claims against each other in this action and the related action, 19SMCV02222. Hanane also has agreed to transfer her shares in Clean Concept to Van Kleef. The parties engaged in arms-length settlement negotiations. Neither party admits fault. There is no challenge the settlement. The Court finds that the settlement is in good faith.

            The application is GRANTED.