Judge: Michelle C. Kim, Case: 21STCV27287, Date: 2023-05-01 Tentative Ruling

Case Number: 21STCV27287    Hearing Date: May 1, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Sonia Olvera Rodriguez and Jesus Ramon Cazares (collectively, “Plaintiffs”) filed this action against Defendant Tsung Ching Chou (“Chou”) for damages arising from a motor vehicle accident.  The complaint alleges claims for negligence and loss of consortium.  Plaintiffs has filed an Amendment to Complaint naming Frank Perez (“Perez”) and Sung Koo Yoo (“Yoo”) as Doe 1 and 2, respectively. 

Plaintiffs and Perez have agreed to settle the claims against Perez for $30,000.00.  Perez now moves for an order finding the settlement is in good faith.  Perez has provided a declaration sufficiently addressing 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.  Perez asserts that the settlement amount represents Perez’s insurance policy limits, and that there was no collusion, fraud, or tortious conduct in reaching the settlement agreement.  Perez avers that the settlement is based on his limited liability for the incident.      

Perez filed the instant motion on March 2, 2023, asserting the settlement is being entered into in good faith.  No party has filed an opposition to the motion.  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. 

The motion for determination of good faith settlement is therefore granted.

Moving Defendant 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 1^st day of May 2023