Judge: Richard S. Whitney, Case: 37-2020-00034671-CU-PN-CTL, Date: 2023-08-25 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 23, 2023

08/25/2023  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Professional Negligence Motion Hearing (Civil) 37-2020-00034671-CU-PN-CTL SHAW VS KEUP [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: DEFENDANTS ROBERT CELESTE AND CETERA ADVISOR NETWORKS LLC'S UNOPPOSED MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT is GRANTED.

Failure to file an opposition to the motion indicates the other parties' acquiescence that the motion is meritorious. (California Rules of Court, Rule 8.54(c).) The Court considers the following factors in deciding whether the settlement was made in good faith: a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability, the amount paid in settlement, the allocation of settlement proceeds among plaintiffs, and a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial. Other relevant considerations include the financial conditions and insurance policy limits of settling defendants, as well as the existence of collusion, fraud, or tortious conduct aimed to injure the interests of nonsettling defendants.

(Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499.) Those opposing the motion bear the burden of proving a lack of good faith. (Id. at 499–500.) The opposing party must show the 'settlement is so far 'out of the ballpark' in relation to these factors as to be inconsistent with the equitable objectives of the statute.' (Id.) The motion is unopposed. '[W]hen no one objects, the barebones motion which sets forth the ground of good faith, accompanied by a declaration which sets forth a brief background of the case is sufficient.' (City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261.) Defendants ROBERT CELESTE and CETERA ADVISOR NETWORKS LLC have met their burden. The motion is granted.

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