Case Number: 19STCV08359 Hearing Date: December 17, 2019 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

ESTHER T. WEISS,

Plaintiff(s),

vs.

ADRIANA BASTIEN, ET AL.,

Defendant(s).

CASE NO: 19STCV08359

[TENTATIVE] ORDER CONTINUING HEARING ON MOTION TO CONTEST GOOD FAITH SETTLEMENT

Dept. 3

1:30 p.m.

December 17, 2019

Plaintiff, Esther T. Weiss filed this action against Defendants, Adriana Bastien and Dynamic Nursing Services, Inc. for damages arising out of an automobile accident. Defendants filed a cross-complaint against United Parcel Service, Inc., contending it caused or contributed to the accident by illegally parking on the curb where the accident occurred.

At issue today is a settlement between Plaintiff and UPS pursuant to which UPS would pay Plaintiff $30,000 in full settlement of all claims against it. UPS seeks a good faith determination, and Dynamic opposes the motion.

UPS’s motion is premised largely on the Declaration of Christopher D. Armstrong, an accident reconstruction expert. Armstrong declares that he has reviewed all of the data relating to the accident, and concludes the illegal parking of the UPS truck did not cause or contribute to the accident in any way.

Dynamic does not present contrary expert evidence in connection with its opposition to the motion. Dynamic does, however, present evidence that it has demanded production of the data upon which Armstrong bases his conclusions, and that it has scheduled Armstrong’s deposition for 12/16/19, the day before the hearing on this motion. Absent a contrary expert declaration and/or competent analysis criticizing the Armstrong declaration, the Court would be inclined to grant the motion.

Pursuant to City of Grand Terrace v. Superior Court (1987) 192 CA3d 1251, 1265, the Court finds a very brief continuance of the hearing on this motion is necessary to permit Dynamic to obtain the data it seeks, to depose Armstrong, and to properly analyze Armstrong’s testimony to oppose the motion. The Court recognizes that this case is set on preference, with a trial date of 1/16/20. This hearing is continued to 12/26/19 at 1:30 p.m. in Department 3. Dynamic must file any supplemental opposition, specifically addressing the data and Armstrong deposition, on or before 12/19/19. UPS must file any supplemental reply on or before 12/23/19. Courtesy copies must be delivered directly to the department.

UPS is ordered to give notice.