Judge: Maurice A. Leiter, Case: 23STCV26956, Date: 2024-12-03 Tentative Ruling

Case Number: 23STCV26956    Hearing Date: December 3, 2024    Dept: 54

Hearing Date: December 3, 2024

Department 54, Judge Maurice A. Leiter

Motion to Approve Good Faith Settlement

Moving Party: Defendant California FAIR Plan Association

Responding Party: None

T/R:     THE MOTION TO APPROVE GOOD FAITH SETTLEMENT IS GRANTED.

DEFENDANT 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.

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 between the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner provided in CCP § 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).) 

Defendant California FAIR Plan Association applies for approval of good faith settlement with Plaintiffs in the amount of $922,284.65. This action arises from insurance claims for damage caused by a gas line explosion. The parties reached a settlement after arms-length negotiations. Defendant does not admit fault. There is no opposition to the application. The Court finds that the settlement is in good faith.

The motion for approval of good faith settlement is GRANTED.