Case Number: EC061910    Hearing Date: July 25, 2014    Dept: NCD

TENTATIVE RULING (7-25-14)
#14
EC 061910
ROSEMEAD HWANG, LLC v. TRAN

Motion for Determination of Good Faith Settlement of Defendant Newton Tran, individually and dba Pho 54

TENTATIVE:
Unopposed Motion for Determination of Good Faith Settlement is GRANTED. The court determines that the settlement entered by plaintiff and defendant Defendant Newton Tran, individually and dba Pho 54, was entered into in good faith; Defendant Newton Tran, individually and dba Pho 54, is hereby discharged from all liability on claims for equitable contribution and/or full or partial indemnity by other parties, joint tortfeasors, or co-obligors, in this or any other action arising from the same general set of facts.

SHOWING OF GOOD CAUSE:
1. P’s Total Recovery: $170,000

2. Settlor’s Proportionate Liability: Argument that moving defendant’s guarantee period only ran for 13 months, which would total $25,000, so Tran will pay all damages allocated to his guarantee. Defendant also indicates there are arguments which could be resolved in defendant’s favor at trial, including waiver and res judicata with respect to an adverse UD ruling plaintiff received as to the non-settling defendants in 2013.

OPPOSITION:
No Opposition

ANALYSIS:
Under Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, factors are set forth that should be considered in determining the good faith of a settlement, including the establishment of settlor’s proportionate liability.

In this case, the moving party has addressed all the Tech-Bilt factors. It is the challenging party’s burden to show a lack of good faith, and in this case and there is no opposition to this motion.

Here, counsel’s declaration sets forth the background, and facts indicating that the settlement is within the ballpark of defendant’s entire potential liability. It also appears that the settlement was reached pursuant to arms’ length negotiations at a mediation, so good faith is established. The motion is granted.