SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

I. Background and Procedural History 

On June 21, 2021, Plaintiff Karina Manukyan (“Plaintiff”) filed this action against Defendants, Anna Alongi (“Alongi”), Mariah Michelle Hickerson (“Hickerson”), and Lorrie Hickerson for damages arising from an automobile incident on March 24, 2021.    

On May 10, 2023, Alongi filed an Application for Determination of Good Faith Settlement pursuant to CCP § 877.6 for a determination the settlement was entered into in good faith and barring all claims and cross-complaints against them.   

On May 23, 2023, Defendant Hickerson filed an Opposition to Alongi’s Application for Determination of Good Faith Settlement. On May 26, 2023, Alongi filed a Notice of Settlement providing Alongi entered into a settlement agreement with Plaintiff, whereby Alongi agreed to pay $15,000.00 to Plaintiff in exchange for a duly executed release of all claims and a dismissal with prejudice. On June 7, 2023, Alongi filed a response to Hickerson’s Opposition. On June 28, 2023, Alongi filed another response to Hickerson’s Opposition, in which a hearing date was set for July 12, 2023.   

This matter was initially set to be heard on July 12, 2023. The Court noted the procedures set forth in section 877.6(a)(2) was not strictly observed, because Hickerson filed an opposition rather than a motion to contest the good faith of the settlement, and no hearing date was set until Alongi filed a second response to Hickerson’s opposition. (Min. Order, July 12, 2023.) Consequently, the Court continued the hearing, and advised Defendant Hickerson that, if she seeks to file a motion to contest good faith settlement, that she must do so by the deadline set forth in Code of Civil Procedure § 1005; otherwise, the good faith of the settlement may be deemed uncontested. (Ibid.) 

Since the hearing continuance, no motion to contest good faith settlement was filed by any party. 

 

II. Determination of Good Faith Settlement 

Plaintiff and Defendant Alongi have agreed to settle Plaintiffs’ claims Alongi, through her insurance carrier, for $15,000 in exchange for a full release of all claims arising out of the vehicle incident on March 24, 2021.  

Defendant Alongi now moves for an order finding the settlement in good faith. Defendant Alongi declares that she was the purported owner of the 2020 Ford Fusion involved in the motor vehicle incident, and is therefore paying the statutory maximum of $15,000 to resolve this action. Defendant Alongi was not operating the vehicle at the time of the incident, nor was she present at the time of the incident.  

Defendant Alongi sufficiently addresses the factors in Tech-Bilt, Inc. v. Woodward- Clyde & Associates (1985) 38 Cal.3d 488, to show that the settlement was made in good faith.  The application discusses the maximum statutory recovery, proportionate liability, and the amount paid in settlement.  The burden on a motion for determination of good faith settlement rests squarely on the party opposing the finding of good faith.  (CCP §877.6(d).)  In light of the lack of opposition, no party has met that burden.   

 

Accordingly, the motion for determination of good faith settlement is GRANTED.