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Tentative Rulings, Truckee - Law and Motion

>Li v. Georgiou Case No. NCU14-0001

Li v. Georgiou Case No. NCU14-0001 

Cross-Defendants Huang and Feng’s Motion for Good Faith Settlement is granted.

The Tech-Bilt factors are:

 A rough approximation of plaintiffs' total recovery and the settlor's proportionate liability;
 The amount paid in settlement;
 A recognition that a settlor should pay less in settlement than if found liable after a trial;
 The allocation of the settlement proceeds among plaintiffs;
 The settlor's financial condition and insurance policy limits, if any; and
 Evidence of any collusion, fraud, or tortious conduct between the settlor and the plaintiffs aimed at making the nonsettling parties pay more than their fair share.

Weil & Brown, Civ. Pro. Before Trial (The Rutter Group 2012) ¶12:772 (citing, e.g., Tech-Bilt,Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499).

Here, the court finds that the settlements are “within the ballpark” and all Tech-Bilt factors were properly analyzed. Moreover, the motion is unopposed.

Accordingly, the motion for good faith settlement is granted. The alternative request to continue trial is denied.

Cross-Defendants’ attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order.

This is the Court’s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court’s law and motion secretary at (530) 582-7835 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, the tentative ruling shall become the final ruling. Any argument is limited to five minutes. California Rule of Court 3.1308, Local Rule 4.05.3.

Unless the court orders otherwise, the court does not provide court reporters for civil law and motion hearings and case management conferences at the court's expense. Any litigant who wants a record of a law and motion matter or a case management conference must arrange for the presence of a court reporter at his or her expense. Local Rule 10.00.3B.