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.
*******2212
07/10/2020
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
SERENA R. MURILLO
PEITRUSZKA ANDREW
BAYAR YESHAYA
PLESSALA BRIAN M.
1/14/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Determination of Good Faith Settlement ...) of 01/14/2021
1/14/2021: Minute Order - Minute Order (Hearing on Motion for Determination of Good Faith Settlement ...)
7/10/2020: Petition (name extension) - Petition RE DETERMINATION OF GOOD FAITH SETTLEMENT BETWEEN YESHAYA BAYAR AND PETITIONER ANDREW PEITRUSZKA
7/10/2020: Notice of Hearing on Petition - Notice of Hearing on Petition
7/10/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
7/10/2020: First Amended Standing Order - First Amended Standing Order
7/10/2020: Civil Case Cover Sheet - Civil Case Cover Sheet
8/3/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service
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
10/9/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
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
DocketMinute Order (Hearing on Motion for Determination of Good Faith Settlement ...)
DocketCertificate of Mailing for (Hearing on Motion for Determination of Good Faith Settlement ...) of 01/14/2021; Filed by: Clerk
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
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
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
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
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)
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
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
DocketThe case has been sealed pursuant to: Court Order
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
DocketFirst Amended Standing Order; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketNotice of Hearing on Petition; Filed by: Clerk
DocketCivil Case Cover Sheet; Filed by: Andrew Peitruszka (Petitioner); As to: Yeshaya Bayar (Respondent)
DocketPetition RE DETERMINATION OF GOOD FAITH SETTLEMENT BETWEEN YESHAYA BAYAR AND PETITIONER ANDREW PEITRUSZKA; Filed by: Andrew Peitruszka (Petitioner); As to: Yeshaya Bayar (Respondent)
DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse
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.
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