Judge: Robert B. Broadbelt, Case: BC662798, Date: 2023-11-08 Tentative Ruling

Case Number: BC662798    Hearing Date: November 16, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:             Defendants and cross-complainants Carl William Howe and C.W. Howe Partners, Inc.

RESPONDING PARTY:       Unopposed

Motion for Determination of Good Faith Settlement

The court considered the moving papers filed in connection with this motion.  No opposition papers were filed.

DISCUSSION

Defendants and cross-complainants Carl William Howe and C.W. Howe Partners, Inc. (the “Howe Defendants”) move the court for an order determining that the settlement entered into by and between the Howe Defendants, on one hand, and plaintiffs and cross-defendants Greg Mooradian and Debra A. Mooradian (“Plaintiffs”), on the other hand, was made in good faith pursuant to Code of Civil Procedure sections 877 and 877.6.  Howe Defendants have agreed to settle this action with Plaintiffs for the amount of $350,000, to be paid by Howe Defendants’ insurance carrier, subject to the court’s determination that the settlement was made in good faith.  (Tricker Decl., ¶ 9.)

“[Code of Civil Procedure] Section 877.6 was enacted by the Legislature in 1980 to establish a statutory procedure for determining if a settlement by an alleged joint tortfeasor has been entered into in good faith and to provide a bar to claims of other alleged joint tortfeasors for equitable contribution or partial or comparative indemnity when good faith is shown.”¿ (IRM Corp. v. Carlson (1986) 179 Cal.App.3d 94, 104.)¿ Code of Civil Procedure section 877.6, subdivision (a)(1) provides, in relevant part, that, on noticed motion, “[a]ny party to an action wherein 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 . . . and one or more alleged tortfeasors or co-obligors . . . .”¿ “The party asserting the lack of good faith shall have the burden of proof on that issue.”¿ (Code Civ. Proc., § 877.6, subd. (d).)¿¿ 

When a motion for determination of good faith settlement is uncontested, a “barebones” motion that sets forth the ground of good faith, accompanied by a declaration which sets forth a brief background of the case, is sufficient to support a good faith determination.¿ (City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261.)¿¿¿¿ 

The court has not received opposition papers from any other party involved in this action contending that the settlement between the Howe Defendants and Plaintiffs was not made in good faith.  The court finds that (1) Howe Defendants’ motion and the declaration of Richard Tricker have set forth the ground of good faith, and (2) the moving papers and supporting declaration both set forth a brief background of the case.  (Tricker Decl., ¶¶ 3-7, 9.)

The court therefore finds that Howe Defendants’ motion and supporting evidence are sufficient to support a good faith determination and therefore grants Howe Defendants’ motion.  (City of Grand Terrace, supra, 192 Cal.App.3d at p. 1261.)

ORDER

The court grants defendants and cross-complainants Carl William Howe and C.W. Howe Partners, Inc.’s motion for determination of good faith settlement.

The court determines that the settlement entered into by and between defendants and cross-complainants Carl William Howe and C.W. Howe Partners, Inc., on the one hand, and plaintiffs Greg Mooradian, Debra Mooradian, and the Greg and Debra Mooradian Family Trust, on the other hand, is in good faith within the meaning of Code of Civil Procedure section 877.6, subdivision (a).

All other joint tortfeasors or co-obligors are barred from any further claims against defendants and cross-complainants Carl William Howe and C.W. Howe Partners, Inc. for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.¿ (Code Civ. Proc., § 877.6, subd. (c).)¿ 

The court orders defendants and cross-complainants Carl William Howe and C.W. Howe Partners, Inc. to give notice of this ruling.

IT IS SO ORDERED.

DATED:  November 16, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court