This case was last updated from Los Angeles County Superior Courts on 10/14/2021 at 14:00:03 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS ALIREZA KADKHODA, ET AL.

Case Summary

On 05/26/2020 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Contract - Insurance lawsuit against ALIREZA KADKHODA. 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 Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4443

  • Filing Date:

    05/26/2020

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Insurance

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendants

KADKHODA ALIREZA

LARREAU DEVINNE

Attorney/Law Firm Details

Plaintiff Attorney

MAHFOUZ RICHARD L.

Defendant Attorney

SAYRE JONATHAN

 

Court Documents

Default Judgment - Default Judgment

10/8/2021: Default Judgment - Default Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

9/23/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

9/23/2021: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

9/23/2021: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Request for Dismissal - Request for Dismissal

9/23/2021: Request for Dismissal - Request for Dismissal

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

9/24/2021: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Motion for Determination of Good Faith Settlement (CCP 877.6) - Motion for Determination of Good Faith Settlement (CCP 877.6)

3/4/2021: Motion for Determination of Good Faith Settlement (CCP 877.6) - Motion for Determination of Good Faith Settlement (CCP 877.6)

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

3/29/2021: Minute Order - Minute Order (Hearing on Motion for Determination of Good Faith Settlement ...)

Request for Dismissal - Request for Dismissal

4/22/2021: Request for Dismissal - Request for Dismissal

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

10/19/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Answer - Answer

8/18/2020: Answer - Answer

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

7/24/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

6/25/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Summons - Summons on Complaint

5/26/2020: Summons - Summons on Complaint

Complaint - Complaint

5/26/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

5/26/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

5/26/2020: First Amended Standing Order - First Amended Standing Order

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

5/26/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

6 More Documents Available

 

Docket Entries

  • 10/08/2021
  • DocketDefault judgment by Court entered for Plaintiff State Farm Mutual Automobile Insurance Company against Defendant Devinne Larreau on the Complaint filed by State Farm Mutual Automobile Insurance Company on 05/26/2020 for damages of $20,786.79, interest of $965.15, costs of $525.00, and other $-10,393.40 for a total of $11,883.54.

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  • 10/08/2021
  • DocketDefault Judgment; Signed and Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Devinne Larreau (Defendant)

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  • 10/08/2021
  • DocketUpdated -- Default Judgment: As To Parties changed from Devinne Larreau (Defendant) to Devinne Larreau (Defendant)

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  • 10/08/2021
  • DocketNon-Jury Trial scheduled for 11/23/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 10/08/2021

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  • 09/24/2021
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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  • 09/23/2021
  • DocketRequest for Entry of Default / Judgment; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Devinne Larreau (Defendant)

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  • 09/23/2021
  • DocketDeclaration Pursuant to 585 CCP in Support of Default Judgment; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 09/23/2021
  • DocketRequest for Dismissal; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 09/23/2021
  • DocketDeclaration Pursuant to 585 CCP in Support of Default Judgment; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 09/23/2021
  • Docket; Default not entered as to Devinne Larreau; On the Complaint filed by State Farm Mutual Automobile Insurance Company on 05/26/2020

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17 More Docket Entries
  • 07/24/2020
  • DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Devinne Larreau (Defendant); Service Cost: 90.00; Service Cost Waived: No

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  • 06/25/2020
  • DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); Service Cost: 45.00; Service Cost Waived: No

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  • 05/26/2020
  • DocketNon-Jury Trial scheduled for 11/23/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 05/26/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/30/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 05/26/2020
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Alireza Kadkhoda (Defendant); Devinne Larreau (Defendant)

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  • 05/26/2020
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Alireza Kadkhoda (Defendant); Devinne Larreau (Defendant)

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  • 05/26/2020
  • DocketSummons on Complaint; Issued and Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Alireza Kadkhoda (Defendant); Devinne Larreau (Defendant)

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  • 05/26/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/26/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 05/26/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC04443    Hearing Date: March 29, 2021    Dept: 26

State Farm v. Kadkhoda, et al.

MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT

(CCP § 877.6)

TENTATIVE RULING:

Defendant Alireza Kadkhoda’s Motion for Determination of Good Faith Settlement is GRANTED.

ANALYSIS:

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Alireza Kadkhoda (“Defendant Kadkhoda”) and

Devinne Larreau (“Defendant Larreau”) on May 26, 2020. Following the failure to file a responsive pleading, the Court entered Defendant Larreau’s default on October 19, 2020.

Defendant Kadkhoda filed the instant Motion for Determination of Good Faith Settlement on March 4, 2021. No opposition has been filed to date.

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.

. . .

(b) The issue of the good faith of a settlement may be determined by the court on the basis of affidavits served with the notice of hearing, and any counteraffidavits filed in response, or the court may, in its discretion, receive other evidence at the hearing.

(c) A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.

(d) The party asserting the lack of good faith shall have the burden of proof on that issue.

(Code Civ. Proc., § 877.6.) The California Supreme Court developed a number of different factors to consider when determining whether a settlement is made in “good faith,” including: (1) (a) a rough approximation of plaintiffs’ total recovery and (b) the settlor’s proportionate liability; (2) the amount paid in settlement; (3) the allocation of the settlement proceeds among plaintiffs; (4) a recognition that a settlor should pay less in settlement than if found liable after a trial; (5) the financial conditions and insurance policy limits of the settling defendant; and (6) the existence of collusion, fraud, or tortious conduct between the settlor and the plaintiffs aimed at making the nonsettling parties pay more than their fair share. (Tech-Bilt v. Woodward-Clyde Associates (1985) 38 Cal.3d 488, 499.) The party asserting the lack of good faith has the burden of proof on that issue (Code Civ. Proc., § 877.6, subd. (d)) and should demonstrate, if he can, that the settlement is so far “out of the ballpark” in relation to the above as to be inconsistent with the equitable objectives of the statute. (Tech-Bilt, supra, 38 Cal.3d at 501.)

Discussion

Plaintiff and Defendant Kadkhoda have reached a settlement in this action, as follows. In exchange for Defendant Kadkhoda’s dismissal from the action with prejudice and release of all of Plaintiff’s claims against them, Defendant Kadkhoda’s insurer will make a payment of $10,393.40. (Motion, Sayre Decl., ¶3.) The settlement was reached through arms’ length negotiations. (Id. at ¶2.) Defendant Kadkhoda contends this settlement is within the ballpark of liability based on the extent of Plaintiff’s damages, the weaknesses of Plaintiff’s case, and the recognition that a defendant should pay less in settlement than if found liable at trial. (Id. at ¶7.) There was no collusion or fraud in reaching the settlement. (Id. at ¶8.)

Insofar as the settlement reached is approximately half of the amount sought in the Complaint and no party is challenging how the settlement was reached, the Court finds Defendant Kadkhoda has demonstrated the settlement was reached in good faith.

Conclusion

Defendant Alireza Kadkhoda’s Motion for Determination of Good Faith Settlement is GRANTED.

Moving party to give notice.

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