Judge Serena R. Murillo, Case 20STCV00389 2023-05-01 Tentative Ruling

Judge: Serena R. Murillo, Case: 20STCV00389, Date: 2023-05-01 Tentative Ruling

DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)

Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE. 4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020)

IMPORTANT: In light of the COVID-19 emergency, the Court encourages all parties to appear remotely. The capacity in the courtroom is extremely limited. The Court appreciates the cooperation of counsel and the litigants.

ALSO NOTE: If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar. THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.

Case Number: 20STCV00389 Hearing Date: May 1, 2023 Dept: 29

TENTATIVE

Plaintiff Joseph Mendez’s Motion to Advance Hearing Date of Motion to Contest Application for Determination of Good Faith Settlement is GRANTED. The motion to contest is advanced to May 23, 2023 at 1:30 p.m.

Legal Standard

California Rules of Court, rule 3.1335 states as follows:

(a) Noticed motion or application required

A party seeking to advance, specially set, or reset a case for trial must make this request by noticed motion or ex parte application under the rules in chapter 4 of this division.

(b) Grounds for motion or application

The request may be granted only upon an affirmative showing by the moving party of good cause based on a declaration served and filed with the motion or application.

(Cal. Rules of Court, rule 3.1335(a)-(b) (emphasis in original).)

Discussion

Plaintiff moves to advance the hearings on Defendant Irvine’s motion to contest Defendant Albert’s application for determination of good faith settlement, arguing that good cause exists. Plaintiff and Defendant Albert have reached a settlement conditioned upon this Court finding that their settlement to be in good faith. The motion to contest the application is set for January 2, 2024, almost seven months after the current trial date of June 6, 2023. Plaintiff therefore asks the Court to advance the hearing of Defendant Irvine’s Motion to Contest to June 1, 2023. To ensure that the June 1 date is available, Plaintiff has reserved a motion slot for that date. Should this motion to advance the date be granted, the June 1 date still provides all parties with statutory notice of the new date. In the event that the good faith nature of the settlement were to remain undetermined at time of trial, Plaintiff would be obligated to present his case against Defendant Albert to the jury despite these parties’ expressed desire to settle upon agreed terms. Further, Defendant Albert will be forced to incur the costs of litigating this matter – including incurring significant expert witness costs – which it could avoid incurring should the Court grant the good faith motion and deem the matter settled.

The Court finds there is good cause to advance the hearing dates as a determination of good faith settlement would promote judicial efficiency and conserve resources. Moreover, Plaintiff has already reserved a date for the motion to be advanced. Thus, the motion is granted. The motion to contest the application for good faith settlement is advanced to May 23, 2023 to provides the parties with more time prior to the trial date.

Conclusion

Accordingly, Plaintiff’s Motion to Advance Hearing Date of Motion to Contest Application for Determination of Good Faith Settlement is GRANTED. The motion to contest is advanced to May 23, 2023.

Moving party is ordered to give notice.