2014-00157909-CU-CD

Paul Willis vs. Tim Lewis Construction, Inc.

Nature of Proceeding: Determination of Good Faith Settlement

Filed By: Wood, Ted D.

If oral argument is requested, it shall be heard at the end of the D. 53 2:00pm calendar on Monday, February 26, 2018.

Cross-Defendant Fence America, Inc. d.b.a. A&M Fence Co.’s Motion for Determination of Good Faith Settlement with Cross-complainant Tim Lewis Construction, Inc. is unopposed and is GRANTED.

In considering whether a settlement is entered in good faith, the court considers the following factors: (1) a rough approximation of the plaintiffs’ total recovery and the

settling party’s proportionate liability; (2) the amount to be paid in the settlement; (3) the proposed allocation of the settlement proceeds; (4) a recognition that the settling parties should pay less in settlement than if they were found to be liable after trial; (5) the financial condition of the settling parties, and the insurance policy limits, if any; and

(6) the existence of collusion, fraud or tortuous conduct aimed to injure the interests of the non-settling defendants. (Tech-Bilt v. Woodward-Clyde & Assoc. (1985) 38 Cal.3d 488, 499.) The ultimate test is whether the settlement is grossly disproportionate to what a reasonable person at the time of settlement would estimate the settlor’s liability to be. (Id.) Settling defendants may properly pay less than their proportional share of the anticipated damages. In order to encourage settlement, what is required is simply that the settlement not be grossly disproportionate to the settlor’s fair share of liability. This determination is made based on the information available at the time of the settlement. (Tech-Bilt, supra, 38 Cal.3d at p. 499.)

Based on the court’s review of the evidence presented, the settlement appears to be reasonable and in good faith considering the factors set forth in Tech-Bilt Inc. v Woodward Clyde & Associate , supra, 38 Cal.3d at p. 499; CCP 877.6.

The Court will sign the formal order provided.