Opinion
No. C-06-1909 MMC.
March 27, 2008
ORDER GRANTING ALLSTATE DEFENDANTS' MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT
Before the Court is the motion filed February 20, 2008 by defendants Allstate Insurance Company, Nicki Nicolai, Andrew Aspergren, Richard Reney, and Kathi Pardi (collectively, "Allstate Defendants"), for the Court's determination, pursuant to California Code of Civil Procedure § 877.6, that the settlement between plaintiffs and such defendants was in good faith. Defendants Scott D. Schwartz and Rust, Armenis Schwartz (collectively, "Schwartz Defendants") have filed opposition, to which the Allstate Defendants have replied.
Having read and considered the papers filed in support of and in opposition to the motion, the Court, having applied the factors set forth in Tech-Bilt, Inc. v. Woodward-Clyde Assoc., 38 Cal.3d 488 (1985), finds, for the reasons set forth by the Allstate Defendants, the Schwartz Defendants have failed to meet their burden of showing the settlement is "`out of the ballpark' in relation to [such] factors," see id. at 499-500, or otherwise "inconsistent with the equitable objectives of the statute," see id.
In so finding, the Court has not relied on the Allstate Defendants' argument that any potential claim for indemnity by the Schwartz Defendants would be "time-barred," (see Reply at 5), nor has the Court made any determination with respect to such issue. Further, although the Court sustains the Allstate Defendants' evidentiary objections to the three identified portions of the Chivers declaration, even if such additional evidence were admitted, the Court's determination as to good faith would remain unchanged.
Accordingly, the Allstate Defendants' motion is hereby GRANTED, and the settlement between plaintiffs and the Allstate Defendants is hereby DETERMINED to be in good faith.