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Estates at Seven Hills v. Green Image, LLC

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 31, 2017
No. 69241 (Nev. App. Mar. 31, 2017)

Opinion

No. 69241 No. 69598

03-31-2017

THE ESTATES AT SEVEN HILLS, Appellant, v. GREEN IMAGE, LLC, D/B/A GTI, A DOMESTIC LIMITED LIABILITY COMPANY, Respondent.


ORDER OF AFFIRMANCE

This is a consolidated appeal from an order granting a motion for determination of good faith settlement and a denial of a motion for reconsideration in a tort action. Eighth Judicial District Court, Clark County; Eric Johnson, Judge.

This appeal concerns two co-defendants in a tort action, where each defendant settled separately with the plaintiff, who is not a party to this appeal. One of the settling defendants, respondent Green Image, LLC ("GTI"), filed a motion for determination of good faith settlement, which the district court granted.

We do not recount the facts except as necessary to our disposition.

We review a district court's determination of good faith for abuse of discretion. Velsicol Chemical v. Davidson, 107 Nev. 356, 360, 811 P.2d 561, 563 (1991) (stating that "determination of good faith should be left to the discretion of the trial court based upon all relevant facts available, and that, in the absence of an abuse of that discretion, the trial court's findings should not be disturbed"). "This standard of review vests the district court with considerable discretion." Doctors Company v. Vincent, 120 Nev. 644, 652, 98 P.3d 681, 687 (2004).

In analyzing whether a settlement was made in good faith, the district court should consider all relevant facts available to it, which may include evaluating the settlement amount, the existence of collusion or fraud aimed at injuring the non-settling defendants' interests, and the "relative liability permutations of the particular contribution or indemnity action known to it," including the strength and weaknesses of any such action. See Otak Nevada, L.L.C. v. Eighth Judicial Dist. Court, 129 Nev. ___, ___, 312 P.3d 491, 496 (2013). Having reviewed the parties' briefs and the district court record on appeal, we perceive no abuse of discretion and no reason to disturb the district court's decision. Accordingly, we

We have reviewed Seven Hills' remaining arguments and conclude they are without merit. In analyzing whether attorney fees and costs are warranted under equitable indemnity, when no fault has been apportioned, there is "no compelling reason to transfer the costs of defending the claim from one innocent party to another without an adjudication of liability against the indemnitor." Rodriguez v. Primadonna Co., LLC, 125 Nev. 578, 591, 216 P.3d 793, 802 (2009). --------

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Silver /s/_________, J.
Tao /s/_________, J.
Gibbons cc: Hon. Eric Johnson, District Judge

Larry J. Cohen, Settlement Judge

Olson, Cannon, Gormley, Angulo & Stoberski

Lee, Hernandez, Landrum, Garofalo

Eighth District Court Clerk


Summaries of

Estates at Seven Hills v. Green Image, LLC

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 31, 2017
No. 69241 (Nev. App. Mar. 31, 2017)
Case details for

Estates at Seven Hills v. Green Image, LLC

Case Details

Full title:THE ESTATES AT SEVEN HILLS, Appellant, v. GREEN IMAGE, LLC, D/B/A GTI, A…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Mar 31, 2017

Citations

No. 69241 (Nev. App. Mar. 31, 2017)