This case was last updated from Los Angeles County Superior Courts on 01/16/2021 at 00:53:35 (UTC).

ANDREW PEITRUSZKA VS YESHAYA BAYAR

Case Summary

On 07/10/2020 ANDREW PEITRUSZKA filed an Other lawsuit against YESHAYA BAYAR. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2212

  • Filing Date:

    07/10/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Petitioner

PEITRUSZKA ANDREW

Respondent

BAYAR YESHAYA

Attorney/Law Firm Details

Petitioner Attorney

PLESSALA BRIAN M.

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Determination of Good Faith Settlement ...) of 01/14/2021

1/14/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Determination of Good Faith Settlement ...) of 01/14/2021

Minute Order - Minute Order (Hearing on Motion for Determination of Good Faith Settlement ...)

1/14/2021: Minute Order - Minute Order (Hearing on Motion for Determination of Good Faith Settlement ...)

Petition (name extension) - Petition RE DETERMINATION OF GOOD FAITH SETTLEMENT BETWEEN YESHAYA BAYAR AND PETITIONER ANDREW PEITRUSZKA

7/10/2020: Petition (name extension) - Petition RE DETERMINATION OF GOOD FAITH SETTLEMENT BETWEEN YESHAYA BAYAR AND PETITIONER ANDREW PEITRUSZKA

Notice of Hearing on Petition - Notice of Hearing on Petition

7/10/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

7/10/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

7/10/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

7/10/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Proof of Service by Substituted Service - Proof of Service by Substituted Service

8/3/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Motion re: (name extension) - Motion re: MOTION FOR DETERMINATION THAT SETTLEMENT BETWEEN YESHAYA BEYAR AND PETITIONER ANDREW PEITRUSZKA IS IN GOOD FAITH

8/5/2020: Motion re: (name extension) - Motion re: MOTION FOR DETERMINATION THAT SETTLEMENT BETWEEN YESHAYA BEYAR AND PETITIONER ANDREW PEITRUSZKA IS IN GOOD FAITH

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

10/9/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

 

Docket Entries

  • 01/14/2021
  • DocketUpdated -- Motion re: MOTION FOR DETERMINATION THAT SETTLEMENT BETWEEN YESHAYA BEYAR AND PETITIONER ANDREW PEITRUSZKA IS IN GOOD FAITH: Filed By: Andrew Peitruszka (Petitioner); Result: Denied; Result Date: 01/14/2021

    Read MoreRead Less
  • 01/14/2021
  • DocketMinute Order (Hearing on Motion for Determination of Good Faith Settlement ...)

    Read MoreRead Less
  • 01/14/2021
  • DocketCertificate of Mailing for (Hearing on Motion for Determination of Good Faith Settlement ...) of 01/14/2021; Filed by: Clerk

    Read MoreRead Less
  • 01/14/2021
  • DocketHearing on Motion for Determination of Good Faith Settlement (CCP 877.6) scheduled for 01/14/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 01/14/2021; Result Type to Held - Motion Denied

    Read MoreRead Less
  • 01/14/2021
  • DocketHearing on Petition RE DETERMINATION OF GOOD FAITH SETTLEMENT BETWEEN YESHAYA BAYAR AND PETITIONER ANDREW PEITRUSZKA scheduled for 01/14/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 01/14/2021; Result Type to Held - Motion Denied

    Read MoreRead Less
  • 10/09/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

    Read MoreRead Less
  • 10/09/2020
  • DocketReset - Court Unavailable, Hearing on Petition RE DETERMINATION OF GOOD FAITH SETTLEMENT BETWEEN YESHAYA BAYAR AND PETITIONER ANDREW PEITRUSZKA scheduled for 11/13/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 01/14/2021 10:00 AM

    Read MoreRead Less
  • 08/05/2020
  • DocketMotion re: MOTION FOR DETERMINATION THAT SETTLEMENT BETWEEN YESHAYA BEYAR AND PETITIONER ANDREW PEITRUSZKA IS IN GOOD FAITH; Filed by: Andrew Peitruszka (Petitioner); As to: Yeshaya Bayar (Respondent)

    Read MoreRead Less
  • 08/05/2020
  • DocketHearing on Motion for Determination of Good Faith Settlement (CCP 877.6) scheduled for 01/14/2021 at 10:00 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 08/03/2020
  • DocketProof of Service by Substituted Service; Filed by: Andrew Peitruszka (Petitioner); Proof of Mailing Date: 08/03/2020; Service Cost: 0.00; Service Cost Waived: No

    Read MoreRead Less
  • 07/10/2020
  • DocketThe case has been sealed pursuant to: Court Order

    Read MoreRead Less
  • 07/10/2020
  • DocketHearing on Petition RE DETERMINATION OF GOOD FAITH SETTLEMENT BETWEEN YESHAYA BAYAR AND PETITIONER ANDREW PEITRUSZKA scheduled for 11/13/2020 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 07/10/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 07/10/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 07/10/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

    Read MoreRead Less
  • 07/10/2020
  • DocketCivil Case Cover Sheet; Filed by: Andrew Peitruszka (Petitioner); As to: Yeshaya Bayar (Respondent)

    Read MoreRead Less
  • 07/10/2020
  • DocketPetition RE DETERMINATION OF GOOD FAITH SETTLEMENT BETWEEN YESHAYA BAYAR AND PETITIONER ANDREW PEITRUSZKA; Filed by: Andrew Peitruszka (Petitioner); As to: Yeshaya Bayar (Respondent)

    Read MoreRead Less
  • 07/10/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

    Read MoreRead Less

Tentative Rulings

Case Number: 20STCP02212    Hearing Date: January 14, 2021    Dept: 26

Peitruszka v. Bayar, et al.

PETITION FOR DETERMINATION OF GOOD FAITH SETTLEMENT

(CCP § 877.6)

TENTATIVE RULING:

Petitioner Andrew Peitruszka’s Petition and Motion for Determination of Good Faith Settlement are DENIED.

ANALYSIS:

Petitioner Andrew Peitruszka (“Petitioner’) filed the instant Petition for Determination of Good Faith Settlement on July 10, 2020 against Respondent Yeshaya Bayar (“Respondent”). On August 5, 2020, Petition also filed a Motion for Determination that Settlement is in Good Faith. The parties’ dispute arises out of a motor vehicle versus pedestrian accident that occurred on November 22, 2017 at Mesivta of Greater Los Angeles. (Pet., ¶2.)

Legal Standard

Code of Civil Procedure section 877.6 states, in pertinent part:

(a) (1) Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005. Upon a showing of good cause, the court may shorten the time for giving the required notice to permit the determination of the issue to be made before the commencement of the trial of the action, or before the verdict or judgment if settlement is made after the trial has commenced.

(2) In the alternative, a settling party may give notice of settlement to all parties and to the court, together with an application for determination of good faith settlement and a proposed order. The application shall indicate the settling parties, and the basis, terms, and amount of the settlement. The notice, application, and proposed order shall be given by certified mail, return receipt requested, or by personal service. Proof of service shall be filed with the court.

. . .

(Code Civ. Proc., § 877.6, subd. (a).)

Discussion

The Petition and Motion are both defective in numerous respects. First, there is no allowance in the statute for the filing of a “Petition for Good Faith Settlement.” The statute contemplates either the filing of a motion under subdivision (a)(1) or application under subdivision (a)(2). Second, the motion or application must be made in the context of a pending action. (Code Civ. Proc., § 877.6, subd. (a)(1) [“Any party to an action . . . .”].) There was no pending action prior to the filing of the instant Petition for Determination of Good Faith Settlement.

Third, the motion or application must be made in an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt. This action involves a motor vehicle accident but there is no allegation of a second tortfeasor, other than a suggestion that Respondent may file a future action against Mesivta of Greater Los Angeles. (Pet., ¶2.) Again, without a pending action against joint tortfeasors, Code of Civil Procedure section 877.6 is inapplicable.

Finally, the Court notes that the parties’ settlement is in the amount of $100,000.00, which is outside the jurisdictional scope of the limited jurisdiction court. (Code Civ. Proc., §§ 85, 86.)

Conclusion

Petitioner Andrew Peitruszka’s Petition and Motion for Determination of Good Faith Settlement are DENIED.

Court clerk to give notice.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases represented by Lawyer PLESSALA BRIAN MARTIN