Filed: Jul. 26, 2017
Latest Update: Jul. 26, 2017
Summary: ORDER VACATING HEARING ON DEFENDANT RD/JET, LLC'S MOTION TO DETERMINE GOOD FAITH OF SETTLEMENT; DIRECTIONS TO RD/JET, LLC Re: Dkt. No. 37 MAXINE M. CHESNEY , District Judge . Before the Court is the Motion to Determine Good Faith Settlement, filed July 7, 2017, by defendant RD/JET, LLC ("RD/JET"), erroneously sued as Jetro Holdings, LLC, by which RD/JET seeks, pursuant to section 877.6 of the California Code of Civil Procedure, a determination of good faith as to the settlement it has reac
Summary: ORDER VACATING HEARING ON DEFENDANT RD/JET, LLC'S MOTION TO DETERMINE GOOD FAITH OF SETTLEMENT; DIRECTIONS TO RD/JET, LLC Re: Dkt. No. 37 MAXINE M. CHESNEY , District Judge . Before the Court is the Motion to Determine Good Faith Settlement, filed July 7, 2017, by defendant RD/JET, LLC ("RD/JET"), erroneously sued as Jetro Holdings, LLC, by which RD/JET seeks, pursuant to section 877.6 of the California Code of Civil Procedure, a determination of good faith as to the settlement it has reach..
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ORDER VACATING HEARING ON DEFENDANT RD/JET, LLC'S MOTION TO DETERMINE GOOD FAITH OF SETTLEMENT; DIRECTIONS TO RD/JET, LLC
Re: Dkt. No. 37
MAXINE M. CHESNEY, District Judge.
Before the Court is the Motion to Determine Good Faith Settlement, filed July 7, 2017, by defendant RD/JET, LLC ("RD/JET"), erroneously sued as Jetro Holdings, LLC, by which RD/JET seeks, pursuant to section 877.6 of the California Code of Civil Procedure, a determination of good faith as to the settlement it has reached with plaintiff N'Kayla Barnes ("Barnes"). On July 21, 2017, Barnes filed a statement of non-opposition. No opposition or statement of non-opposition has been filed by Monument Security, Inc. ("Monument"), the only other defendant named in the above-titled action. Having read and considered the papers filed in support of the motion, the Court hereby VACATES the August 11, 2017, hearing and rules as follows.
Under section 877.6, a court may determine a settlement between a plaintiff "and one or more alleged tortfeasors or co-obligors" was made in good faith. See Cal. Code Civ. Proc. § 877.6(a). A determination of good faith "bar[s] any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault." See id. § 877.6(c).
Here, given Monument's lack of response to the motion, it would appear that the sole non-settling defendant does not anticipate bringing a claim for contribution or indemnity. Nevertheless, the Court, on the possibility such a claim could be brought, has reviewed the record provided to date by the parties, and finds the record contains insufficient evidence upon which to make the requested determination.
Accordingly, if RD/JET wishes to proceed with the instant motion, it is hereby DIRECTED to file and serve on all parties, no later than August 2, 2017, one or more supplemental declarations, setting forth the amount of the settlement and an explanation as to why it is adequate.1 In the event such supplemental materials are filed, Monument may file, no later than August 9, 2017, a response thereto, and, unless the parties are otherwise advised, the motion will stand submitted as of that date.
IT IS SO ORDERED.
