On 11/21/2016 BEHNAZ BABAKNIA filed a Personal Injury - Other Personal Injury lawsuit against ROCKCREATION INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
12/14/2016: Substitution of Attorney
1/24/2017: PROOF OF SERVICE SUMMONS
2/10/2017: DEFENDANT, ROCKREATION, INC.'S ANSWER TO PLAINTIFF'S COMPLAINT
11/16/2017: NOTICE OF POSTING JURY FEES
11/16/2017: NOTICE OF CHANGE OF ADDRESS AND CONTACT INFORMATION
11/16/2017: CIVIL DEPOSIT
11/21/2017: DECLARATION OF NICOLE M. SLATTERY IN SUPPORT OF ROCKREATION'S MOTION FOR SUMMARY JUDGMENT, OR ALTERNATIVELY FOR SUMMARY ADJUDICATION
11/21/2017: ROCKREATION'S MOTION FOR SUMMARY JUDGMENT, OR ALTERNATIVELY FOR SUMMARY ADJUDICATION
11/21/2017: DECLARATION OF BLAINE EASTCOTT IN SUPPORT OF ROCKREATION'S MOTION FOR SUMMARY JUDGMENT
11/21/2017: ROCKREATION'S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT ITS MOTION FOR SUMMARY JUDGMENT, OR ALTERNATIVELY FOR SUMMARY ADJUDICATION
11/21/2017: ROCKREATIONS'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY FOR SUMMARY ADJUDICATION
11/21/2017: DECLARATION OF ERIN GUINN IN SUPPORT OF ROCKREATION'S MOTION FOR SUMMARY JUDGMENT
11/21/2017: ROCKREATION'S NOTICE OF MOTION FOR SUMMARY JUDGMENT, OR ALTERNATIVELY FOR SUMMARY ADJUDICATION
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Case Number: BC641488 Hearing Date: September 17, 2020 Dept: P
Behnaz Babaknia v. Rockcreation, Inc., Case No. BC641488
Hearing Date September 17, 2020
Defendant Rockcreation’s Motion for Determination of Good Faith Settlement
Plaintiff sustained injury at defendant Rockreation’s rock-climbing facility. Plaintiff agreed to settle for $45,000 from Rockcreation, which seeks determination of a good faith settlement.
“Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors . . . 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[.]” Cal. Code of Civ. Proc. §877.6(a)(1). A determination that the settlement was in good faith bars any joint tortfeasor or co-obligor from any further claims against the settling tortfeasor for equitable contribution or indemnity. Id. at (c). The court considers factors including the settlor’s proportionate liability, amount paid, allocation of settlement proceeds, a recognition that a settlor should pay less in settlement than if he were found liable after trial, the financial condition and insurance policy limits of the settling defendants and evidence of collusion, fraud or tortious conduct aimed to injure the interests of non-settling parties. Tech-Bilt, Inc. v. Woodward-Clyde & Assoc. (1985) 38 Cal.3d 488, 493-494.
Rockcreation argues settlement complies with Tech-Bilt, arguing plaintiff’s waiver precludes a finding of liability at trial and lack of evidence of fraud or collusion.
Co-defendant C.A.M.P. USA does not dispute the amount but argues the settlement should be allocated between economic and non-economic damages. Rockcreation notes an allocation made in connection with a settlement is non-binding at trial, pursuant to Gouvis Engineering v. Superior Court (1995) 37 Cal.App.4th 642. As this is the state of the law, allocation between economic and non-economic damages is unnecessary. GRANTED.
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