Bollinger v. The United States of America et al

Filing 37

ORDER: The Motion for Determination of Good Faith Settlement (ECF No. 34 ) is Granted. The Court determines that the Settlement was made in good faith and approves the Settlement pursuant to California Code of Civil Procedure § 877.6. Signed by Judge William Q. Hayes on 12/20/2017. (ajs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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KIANA BOLLINGER, a minor, by
and through her Guardian Ad Litem,
JACQUELINE BOLLINGER,

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CASE NO. 16cv820-WQH-NLS
ORDER

Plaintiffs,
v.
THE UNITED STATES OF
AMERICA, ATLANTIC POWER
CORPORATION, and DOES 1
through 20;
Defendants.

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18 HAYES, Judge:
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The matter before the Court is the Motion for a Determination of Good Faith
20 Settlement (ECF No. 34) filed by Defendant Atlantic Power Corporation.
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Defendant moves the Court for an order determining that the settlement described

22 in the motion was entered into in good faith. California Code of Civil Procedure §
23 877.6 lays out the procedure to be followed when one or more, but not at all, joint
24 defendants enter into a settlement agreement with a plaintiff. First, “a settling party
25 may give notice of settlement to all parties and to the court, together with an application
26 for determination of good faith settlement.” Cal. Civ. Proc. Code § 877.6(a)(2). Then,
27 “a nonsettling party may file a notice of motion to contest the good faith of the
28 settlement.” Id. “The party asserting the lack of good faith shall have the burden of
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16cv820-WQH-BLM

1 proof on that issue.” Id. at § 877.6(d). To determine whether a settlement was made
2 in good faith, a court considers: (1) the amount of the settlement, (2) a rough
3 approximation of the plaintiff’s total recovery and the settlers’ proportionate liability,
4 (3) allocation of settlement proceeds among the plaintiff’s settlement, (4) the settlers’
5 financial condition and insurance limits, (5) evidence of fraud or collusion; and (6) a
6 recognition that a settler should pay less in settlement than he would if he were found
7 liable at trial. Tech-Bilt Inc. v. Woodward-Clyde & Associates, 38 Cal. 3d 488, 499-500
8 (1985).
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No party contends that the Settlement was not entered into in good faith. Based

10 on this fact, the Court’s knowledge of the terms of the Settlement set forth in the
11 motion, and the Court’s review of the factors articulated in Tech-Bilt, 38 Cal. 3d at 488,
12 the Court finds that the Settlement was entered into in good faith within the meaning
13 of California Code of Civil Procedure § 877.6.
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IT IS HEREBY ORDERED that the Motion for Determination of Good Faith

15 Settlement (ECF No. 34) is GRANTED. The Court determines that the Settlement was
16 made in good faith and approves the Settlement pursuant to California Code of Civil
17 Procedure § 877.6.
18 DATED: December 20, 2017
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WILLIAM Q. HAYES
United States District Judge

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16cv820-WQH-BLM