Case Number: EC059622    Hearing Date: August 22, 2014    Dept: A

4435 Colfax Ave. v Colfax Partners, LLC

MOTION FOR GOOD FAITH SETTLEMENT DETERMINATION

Calendar: 6
Case No: EC059622
Date: 8/22/14

MP: Defendant, Seems Plumbing Company, Inc. (Doe Defendant 103)
RP: None

RELIEF REQUESTED:
Order finding that the settlement entered into by the Defendant with the Plaintiff is a good faith settlement for the purposes of CCP section 877.6.

DISCUSSION:
This case arises from the Plaintiff’s claim that the Defendants negligently engaged in construction and maintenance of the condominium project at 4435 Colfax Avenue. The Plaintiff is a common interest development bringing this action as the representative of its members. The Plaintiff claims that the Defendants are liable for a variety of deficiencies at the condominium project, including defects on balcony decks, roofs, walking areas, patio doors, windowsills, stucco, basement parking, gutters, drains, and plumbing.

Plaintiff has entered into a settlement with Defendant, Seems Plumbing Company, Inc. Under the settlement, the Plaintiff agreed to dismiss the Defendant in return for a payment of $7,500. At this hearing, the Defendant seeks a determination that its settlement with the Plaintiff is a good faith settlement under CCP section 877.6. A finding that its settlement is a good faith settlement under CCP section 877.6 will bar any claims for equitable contribution or comparative indemnity from being brought against it.
CCP section 877.6 identifies two procedures for obtaining this determination:

1) Any party may file a noticed motion for a determination by the Court.
2) A settling party may give notice of settlement to all parties and to the Court, together with an application for determination of good faith settlement and a proposed order. Within 25 days of the mailing of the notice, application, and proposed order, or within 20 days of personal service, a nonsettling party may file a notice of motion to contest the good faith of the settlement. If none of the nonsettling parties files a motion within 25 days of mailing of the notice, application, and proposed order, or within 20 days of personal service, the court may approve the settlement.

Here, the Defendant filed a noticed motion for a determination. CCP section 877.6 permits the Court to evaluate a settlement made between a plaintiff and a defendant when the defendant is a joint tortfeasor with other non-settling defendants. However, CCP section 877.6(d) imposes the burden of showing that the settlement was not made in good faith on the parties opposing the application. There is no opposition to these motions. Since no party has filed opposition papers, no party has met the burden of showing that the settlement between the Plaintiff and the Defendant, Seems Plumbing Company, Inc., was not made in good faith for the purposes of CCP section 877.6.

Therefore, the Court will grant the Defendant’s motion because the motion is not opposed and no party has met the burden of showing that the settlement was not made in good faith.

RULING:
GRANT motion.