Judge: William A. Crowfoot, Case: 24AHCV00111, Date: 2024-07-02 Tentative Ruling

Case Number: 24AHCV00111    Hearing Date: July 2, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

JEANNINE MOUSSAS,

                   Plaintiff(s),

          vs.

 

THE CALIFORNIAN CONVALESCENT HOSPITAL OF PASADENA, et al.,

 

                   Defendant(s).

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      CASE NO.: 24AHCV00111

 

[TENTATIVE] ORDER RE: APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT

 

Dept. 27

8:30 a.m.

July 2, 2024

 

 

 

 

Defendant California Convalescent Hospital of Pasadena, Inc. dba The Californian Pasadena Convalescent Hospital (“Defendant”) applies for an order determining that the settlement it entered into with plaintiff Jeannine Moussas (“Plaintiff”) was in good faith. The application is unopposed.

The Court must approve any settlement entered into by less than all joint tortfeasors or co-obligors.  (Code Civ. Proc., § 877.6.)  This requirement furthers two sometimes-competing policies: (1) the equitable sharing of costs among the parties at fault, and (2) the encouragement of settlements. (Erreca’s v. Superior Court (1993) 19 Cal.App.4th 1475, 1487.) 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.) Defendant sets forth a brief background of the case and the grounds for good faith, including details about Plaintiff’s damages and expected recovery as well as its insurance coverage. In light of the information provided to the Court, the application is GRANTED.

 

Moving party to give notice.

 

Dated this 2nd day of July 2024

 

 

 

 

William A. Crowfoot

Judge of the Superior Court

 

 

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.