Judge: Michael P. Linfield, Case: 21STCV44685, Date: 2023-10-26 Tentative Ruling

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Case Number: 21STCV44685    Hearing Date: October 26, 2023    Dept: 34

SUBJECT:        Motion for Order Determining Good Faith of Settlement

Moving Party: Defendant KHRG La Peer LLC 

Resp. Party:    None 

The unopposed Motion for Order Determining Good Faith of Settlement is GRANTED.

BACKGROUND:

On December 7, 2021, Plaintiff Michael Fortner filed his Complaint against Defendants Viale Di Romani LLC and Anthony Doe on causes of action arising from Plaintiff’s employment.

On May 13, 2022, Plaintiff amended his Complaint to substitute Does 1 through 3 with Viale Di Romani LLC (d.b.a. La Peer Hotel), Kimpton Hotel & Restaurant Group, LLC, and La Peer Hotel Owner LLC, respectively.

On June 20, 2022, Plaintiff amended his Complaint to substitute Does 4 through 6 with Casey John Lane, From Scratch Hospitality, LLC, and Apicci (Denver) LLC, respectively.

On July 28, 2022, Plaintiff amended his Complaint to substitute Doe 7 with KHRG La Peer LLC.

On August 1, 2022, by request of Plaintiff, the Clerk’s Office dismissed without prejudice La Peer Hotel Owner LLC and Kimpton Hotel & Restaurant Group, LLC from the Complaint.

On August 17, 2022, by request of Plaintiff, the Clerk’s Office dismissed without prejudice Apicii (Denver) LLC from the Complaint.

On September 22, 2022, Defendant KHRG La Peer LLC filed its Answer to the Complaint.

On September 1, 2023, Plaintiff filed Judicial Council CM-200, Notice of Settlement of Entire Case. Later that same day, Plaintiff filed his First Amended Notice of Settlement of Entire Case.

On September 7, 2023, Defendant KHRG La Peer LLC filed its Motion for Order Determining Good Faith of Settlement, as well as its Proposed Order.

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 KHRG La Peer LLC moves the Court to issue an order determining that the settlement between Plaintiff and Defendant KHRG La Peer LLC was reached in good faith and thus precludes any pending and future claims against this Defendant pursuant to Code of Civil Procedure section 877.6. (Motion, p. 7:18–21.)

Among other things, Defense Counsel declares: (1) Plaintiff and Defendant KHRG La Peer LLC have come to a settlement; (2) Plaintiff shall dismiss with prejudice his claims against Defendant KHRG La Peer LLC; (3) Plaintiff shall release Defendant KHRG La Peer LLC, its owner (Kimpton Hotel & Restaurant Group, LLC and La Peer Hotel Owner, LLC), and their affiliated entities and persons, but will not dismiss any other defendants; (4) Defendant KHRG La Peer LLC shall deliver to Plaintiff a settlement sum in full consideration of the settlement; (5) the settlement was reached in a good faith manner through open, arms-length negotiations between Counsel for Plaintiff and Defendant KHRG La Peer LLC; and (6) that there is no collusive or secretive terms of the settlement. (Motion, Decl. Burns, ¶¶ 7–9.)

        The Motion is unopposed. The Court does not have any evidence that would indicate the settlement was not entered into in good faith. The evidence before the Court indicates that the settlement was made in good faith.

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

III.     Conclusion

The Motion is GRANTED.