Cross-defendant Patrick Joseph Eccles dba PJE Construction (?PJE?) asks the Court to determine that the settlement reached between he, Plaintiffs William A. Pond and Michaela Pond, and Defendant/Cross-Complainants Hayden Development, Inc. and Kyle C. Hayden are in good faith.
On this motion, the Court is tasked with determining whether ?the amount of the settlement is within the reasonable range of the settling tortfeasor’s proportional share of comparative liability for the plaintiff’s injuries.???Tech-Bilt, Inc. v. Woodward-Clyde & Assocs.?(1985) 38 Cal.3d 488, 499. Usually, this determination is based on several factors enumerated within the?Tech-Bilt?decision.? However, where the motion is uncontested, the moving party need only submit a barebones motion with a declaration setting forth a brief background of the case.??See City of Grand Terrace v. Sup. Ct.?(1987) 192 Cal.App.3d 1251, 1261.
Here, PJE submits a declaration indicating that it has agreed to pay Plaintiffs a total of $24,000 in exchange for a dismissal of the Hayden Defendants? Cross-Complaint against it.? PJE indicates that it was responsible for doing interior painting on Plaintiffs? property.? Plaintiffs are claiming defects in the plumbing, electrical, HVAC ducting, drywall, hardwood flooring, ceramic tile, cabinets and counters, concrete and flatwork, doors and windows, and exterior planters and gates on their property.? As to PJE?s scope of work, however, Plaintiffs claim improper priming, uneven finish, drips, and tape residue.? (Marks Decl., ?5.)? Out of Plaintiffs? total cost of repair of $220,000, PJE?s share is averred to be $15,000.? Plaintiffs also seek $150,000 in investigative costs and attorneys? fees as well as $90,000 in loss of use damages.? (Id., ?6.)
Based on these averments, the Court finds the settlement to be in good faith, because the settlement is within a reasonable range of PJE?s proportionate share of liability for the total damages claimed by Plaintiff.? That is, because PJE?s proportionate share of cost of repair damages is relatively small, $24,000 represents a reasonable ballpark for total damages that might be obtained against PJE, should the case go to trial.
The unopposed motion by Cross-Defendant Patrick Joseph Eccles dba PJE Construction for determination of good faith settlement is therefore GRANTED.
Cross-Defendant to give notice.