Judge: Michael P. Linfield, Case: 21STCV44189, Date: 2023-08-14 Tentative Ruling

Case Number: 21STCV44189    Hearing Date: September 20, 2023    Dept: 34

SUBJECT:        Motion for Good Faith Settlement

Moving Party: Defendant Flexcor Construction Services 

Resp. Party:    None 

The Motion is GRANTED.

BACKGROUND:

On December 2, 2021, Plaintiff Lewis Hollman filed his Complaint against Defendants Glenn Deneve, West Coast Helical Piles, Flecor Foundation Specialists, Flexcor Construction Services, and Flexcor Builders on causes of action arising from a mudslide that allegedly entered Plaintiff’s property and damaged it.

On July 18, 2022, Defendant Flexcor Construction Services filed its Answer to the Complaint.

On July 19, 2022, Defendant Glenn Deneve filed his Answer to the Complaint.

On December 12, 2022, Plaintiff amended his Complaint to substitute Doe 1 with Wayne Ritayik.

On May 25, 2023, Plaintiff filed his Notice of Partial Settlement.

On May 26, 2023, Defendant Flexcor Construction Services filed its Application for Determination of Good Faith Settlement (“Application”). In support of its Application, Defendant Flexcor Construction Services filed: (1) Declaration of Gregory M. Alvarez; and (2) Proposed Order. According to the Court’s systems, it appears the Application was never scheduled for a hearing.

On August 23, 2023, Defendant Flexcor Construction Services filed its Motion for Good Faith Settlement (“Motion”), as well as its Proposed Order.

No opposition or other response to the Motion has been filed. 

ANALYSIS:

I.          Legal Standard

“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 subdivision (b) of Section 1005.” (Code Civ. Proc., § 877.6, subd. (a)(1).)

“In the alternative, a settling party may give notice of settlement to all parties and to the court, together with an application for determination of good faith settlement and a proposed order.” (Code Civ. Proc., § 877.6, subd. (a)(2).)

“The issue of the good faith of a settlement may be determined by the court on the basis of affidavits served with the notice of hearing, and any counteraffidavits filed in response, or the court may, in its discretion, receive other evidence at the hearing.” (Code Civ. Proc., § 877.6, subd. (b).)

II.       Discussion

Defendant Flexcor Construction Services moves the Court to issue an order that the settlement between Plaintiff and Defendant Flexcor Construction Services was reached in good faith and thus precludes other joint tortfeasor from pursuing claims against Defendant Flexcor Construction Services. (Motion, p. 9:12–17.)

According to the Declaration of Gregory M. Alvarez: (1) Plaintiff and Defendant Flexcor Construction Services have agreed to settle this matter for a dismissal with prejudice in exchange for a mutual waiver of costs; (2) there was no collusion, fraud, or other tortious conduct aimed at injuring the nonsettling Defendants; and (3) this settlement is the result of arm’s length negotiations between Plaintiff’s Counsel and Counsel for Defendant Flexcor Construction Services on behalf of their respective clients. (Motion, Decl. Alvarez, ¶¶ 2–3.)

        The Motion is unopposed. All of the evidence presented tot he Court indicates that the settlement was entered into in good faith; there has been no evidence to the contrary.

The Court finds that the settlement was entered into good faith. (Code Civ. Proc, § 877.6, (b).)

III.     Conclusion

The Motion is GRANTED.