Judge: William A. Crowfoot, Case: 22AHCV00930, Date: 2024-10-14 Tentative Ruling

Case Number: 22AHCV00930    Hearing Date: October 14, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

Valeria Garcia (“Garcia”) moves for an order determining that her settlement with plaintiff John Morales (“Morales”) was in good faith.

The Court must approve any settlement entered into by less than all joint tortfeasors or co-obligors. (Code Civ. Proc., § 877.6.) If the settlement is made in good faith, the Court “shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor . . . for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.” (Code Civ. Proc., § 877.6, subd. (c).)  “When no one objects, the barebones motion which sets forth the ground for good faith, accompanied by a declaration which sets forth a brief background of the case is sufficient” for the Court to grant a motion for determination of good faith settlement. (City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1257, 1261.) 

This action arises from two motor vehicle collisions that occurred on November 6, 2021. The first collision occurred between Garcia and co-defendant Octavio Covarrubias (“Covarubbias”) after Garcia’s vehicle sustained a flat tire and hit from the rear by Covarrubias. Garcia and Covarrubias were then rear-ended by a bus, which Morales was a passenger on. Morales alleges that he sustained injuries to his neck, back, shoulders, knees and chest, and his past medical expenses total $396,332.09.

Garcia’s insurance carrier has tendered the full amount available under Garcia’s insurance policy, $50,000, to Morales in exchange for a release of all claims. Garcia declares that she has no substantial assets with which to satisfy any judgment and that her debts currently outweigh her assets. (Motion, Garcia Decl., ¶¶ 7-15.) Garcia also argues that the “sudden emergency doctrine” provides her with a defense against claims asserted by Morales and other cross-complainants, therefore her proportional liability is less than the other parties remaining in the case. In light of Morales’s claimed expenses, Garcia’s policy limit, and the limitations on Garcia’s potential liability, it does not appear that the settlement is “grossly disproportionate.” (Abbott Ford, Inc. v. Superior Court (1987) 43 Cal.3d 858, 874-875.) Garcia’s motion also includes the requisite declarations providing a background of the case and the basis for a finding of good faith. Accordingly, Garcia’s motion is GRANTED.

Moving party to give notice.

Dated this 14th day of October 2024

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that 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 matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.