Judge: Michelle C. Kim, Case: 20STCV05817, Date: 2024-02-01 Tentative Ruling


Case Number: 20STCV05817    Hearing Date: February 1, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

MELISSA MARTINEZ, 

Plaintiff(s),  

vs. 

 

LPC WEST, INC., ET AL., 

 

Defendant(s). 

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      CASE NO: 20STCV05817  

 

[TENTATIVE] ORDER RE: MOTION CONTESTING GOOD FAITH DETERMINATION OF SETTLEMENT  

 

Dept. 31 

1:30 p.m.  

February 1, 2024 

 

Plaintiff Melissa Martinez (“Plaintiff”) filed this action against LPC West, Inc. (“LPC”) and Rockwood Capital Corporation (“RCC”) for damages arising from a slip and fall on a staircase.¿Plaintiff filed amendments to complaint, naming Amalfi Stone & Masonry Company, Inc. as Doe 1, DPR Construction Inc. as Doe 2, Gateway El Segundo Fee Owner, LLC (“Gateway”) as Doe 3, Divco West Real Estate Services, LLC as Doe 4, Gensler as Doe 5, and Advanced Building Maintenance, Inc. (“ABM”) as Doe 6,   

 

On October 18, 2023, ABM filed an Application for Determination of Good Faith Settlement providing Plaintiff and the ABM entered into a settlement agreement for the total amount of $60,000. Thereafter, on November 13, 2023, Defendants LPC, RCC, and Gateway filed their Motion to Contest Application for Determination of Good Faith Settlement. The motion is unopposed. 

 

On January 26, 2024, LPC, RCC, and Gateway filed a Notice of Settlement of Entire Case providing that an unconditional settlement has been reached, and a request for dismissal will be filed within 45 days of the settlement.  To date, no party has filed anything additional relating to the application for determination of good faith settlement or anything further as to the motion challenging the good faith of the settlement. However, the motion challenging good faith settlement has not been taken off-calendar by LPC, RCC, and Gateway despite them filing the Notice of Settlement.  

 

Thus, the Court is currently unclear if the entire case has indeed settled, thereby rendering the application for good faith settlement and motion to challenge good faith settlement moot. The Court will therefore withhold ruling on LPC, RCC, and Gateway’s motion pending clarification at the hearing. 

 

Moving party is ordered to give notice.   

 

PLEASE TAKE NOTICE: 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

 

Dated this 31st day of January 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court