This case was last updated from Los Angeles County Superior Courts on 06/01/2019 at 20:08:58 (UTC).

DIMAS DE JESUS SOLARES VS JONG I KIM, ET AL

Case Summary

On 05/18/2016 DIMAS DE JESUS SOLARES filed a Personal Injury - Motor Vehicle lawsuit against JONG I KIM. This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. The Judge overseeing this case is LISA HART COLE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0885

  • Filing Date:

    05/18/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Santa Monica Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

LISA HART COLE

 

Party Details

Plaintiffs and Petitioners

SOLARES DIMAS DE JESUS

DIMAS DE JESUS SOLARES

Defendants, Respondents and Cross Defendants

KIM JONG I.

DOES 1 THROUGH 20

FNS INC.

YARBROUGH JOHN

CASTRO PEDRO IVAN

EDWARDS MIKE

FOULADINEJAD ROE 1 SAEID

FOUCADIHEJAD SAEID

Defendants, Respondents and Cross Plaintiffs

FNS INC.

CASTRO PEDRO IVAN

Other

MCELFISH RAYMOND D.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

LAW OFFICES OF BOB B. KHAKSHOOY

FACCONE JOSEPH

MCELFISH RAYMOND D.

KHAKSHOOY BOB B.

Defendant and Cross Plaintiff Attorneys

SAFARIAN HARRY

BLUM FRED M.

JEDRZEJEK MATT

JOHNSON JERRI L.

SANTA ROMANA MARK V.

MEISLIN JONATHAN

MEISLIN JONATHAN ERIC

ACKER & WHIPPLE

MACKEY ROBERT THOMAS

GALLAGHER MICHAEL E.

MACKEY ROBERT T.

GAINES JEFFREY KYLE

MEISLIN JONATHAN E.

4 More Attorneys Available

 

Court Documents

MEMORANDUM OF POINTS AND AUTH0RITIES IN SUPPORT OF MOTION FOR AN ORDER DEEMING THE TRUTH OF MATTERS SPECIFIED IN REQUESTS FOR ADMISSIONS, SET TWO, AS ADMITTED, AND REQUEST FOR MONETARY SANCTIONS

12/28/2017: MEMORANDUM OF POINTS AND AUTH0RITIES IN SUPPORT OF MOTION FOR AN ORDER DEEMING THE TRUTH OF MATTERS SPECIFIED IN REQUESTS FOR ADMISSIONS, SET TWO, AS ADMITTED, AND REQUEST FOR MONETARY SANCTIONS

NOTICE OF MOTION AND MOTION FOR AN ORDER DEEMING THE TRUTH OF MATTERS SPECIFIED IN REQUESTS FOR ADMISSIONS, SET TWO, AS ADMITTED, AND REQUEST FOR MONETARY SANCTIONS

12/28/2017: NOTICE OF MOTION AND MOTION FOR AN ORDER DEEMING THE TRUTH OF MATTERS SPECIFIED IN REQUESTS FOR ADMISSIONS, SET TWO, AS ADMITTED, AND REQUEST FOR MONETARY SANCTIONS

Proof of Publication

8/14/2018: Proof of Publication

Answer

9/24/2018: Answer

Declaration

11/20/2018: Declaration

Minute Order

11/26/2018: Minute Order

Memorandum of Points & Authorities

11/28/2018: Memorandum of Points & Authorities

Case Management Statement

4/5/2019: Case Management Statement

Request for Judicial Notice

5/20/2019: Request for Judicial Notice

PROOF OF SERVICE SUMMONS

5/31/2016: PROOF OF SERVICE SUMMONS

DEMAND FOR TRIAL BY JURY

6/20/2016: DEMAND FOR TRIAL BY JURY

NOTICE OF DEFENDANT JONG I. KIM'S MOTION TO STRIKE PORTIONS OF PLAINTIFF DIMAS DE JESUS SOLARES' COMPLAINT

7/12/2016: NOTICE OF DEFENDANT JONG I. KIM'S MOTION TO STRIKE PORTIONS OF PLAINTIFF DIMAS DE JESUS SOLARES' COMPLAINT

NOTICE OF ASSOCIATION OF COUNSEL

6/16/2017: NOTICE OF ASSOCIATION OF COUNSEL

Answer

10/30/2017: Answer

Other -

10/30/2017: Other -

CROSS-DEFENDANT JONG I. KIM'S ANSWER TO CROSS-COMPLAINANT/CROSS-DEFENDANT MIKE EDWARDS

11/28/2017: CROSS-DEFENDANT JONG I. KIM'S ANSWER TO CROSS-COMPLAINANT/CROSS-DEFENDANT MIKE EDWARDS

DECLARATION OF CHRISTINE LUONG-PHAM IN SUPPORT OF DEFENDANT KIM'S MOTION TO COMPEL SPECIAL INTERROGATORJES, SET TWO AND REQUEST FOR MONETARY SANCTIONS

11/28/2017: DECLARATION OF CHRISTINE LUONG-PHAM IN SUPPORT OF DEFENDANT KIM'S MOTION TO COMPEL SPECIAL INTERROGATORJES, SET TWO AND REQUEST FOR MONETARY SANCTIONS

NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF'S RESPONSES TO FORM INTERROGATORIES, SET TWO AND REQUEST FOR MONETARY SANCTIONS

11/28/2017: NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF'S RESPONSES TO FORM INTERROGATORIES, SET TWO AND REQUEST FOR MONETARY SANCTIONS

156 More Documents Available

 

Docket Entries

  • 05/21/2019
  • at 08:30 AM in Department P; Hearing on Motion to Compel Discovery (not "Further Discovery") - Held - Motion Granted

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  • 05/21/2019
  • at 08:30 AM in Department P; Case Management Conference - Held - Continued

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  • 05/21/2019
  • at 08:30 AM in Department P; Hearing on Motion to Compel Discovery (not "Further Discovery") - Held - Motion Granted

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  • 05/21/2019
  • at 08:30 AM in Department P; Hearing on Motion to Compel (Compliance with a court order) - Not Held - Rescheduled by Party

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  • 05/21/2019
  • Minute Order ( (Defendant Jong I. Kim's Motion to Compel Verified Responses W...)); Filed by Clerk

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  • 05/20/2019
  • Separate Statement; Filed by Jong I. Kim (Defendant)

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  • 05/14/2019
  • Supplemental Declaration (Plaintiff's Supplemental Status Conference Statement); Filed by Dimas De Jesus Solares (Plaintiff)

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  • 05/13/2019
  • Answer; Filed by Saeid Fouladinejad (Roe 1) (Defendant)

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  • 05/08/2019
  • at 08:30 AM in Department P; Hearing on Motion to Compel (Compliance with a court order) - Not Held - Advanced and Continued - by Court

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  • 04/11/2019
  • at 08:30 AM in Department P; Case Management Conference - Held - Continued

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321 More Docket Entries
  • 06/14/2016
  • Proof of Service (not Summons and Complaint); Filed by Dimas De Jesus Solares (Plaintiff)

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  • 06/14/2016
  • PROOF OF SERVICE SUMMONS

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  • 06/07/2016
  • Proof of Service (not Summons and Complaint); Filed by Dimas De Jesus Solares (Plaintiff)

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  • 06/07/2016
  • PROOF OF SERVICE SUMMONS

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  • 05/31/2016
  • PROOF OF SERVICE SUMMONS

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  • 05/31/2016
  • Proof-Service/Summons; Filed by Dimas De Jesus Solares (Plaintiff)

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  • 05/18/2016
  • Complaint Filed

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  • 05/18/2016
  • Complaint; Filed by Dimas De Jesus Solares (Plaintiff)

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  • 05/18/2016
  • SUMMONS

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  • 05/18/2016
  • PLAINTIFF S COMPLAINT FOR DAMAGES FOR: 1. MOTOR VEHICLE NEGLIGENCE; ETC

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Tentative Rulings

Case Number: BC620885    Hearing Date: February 04, 2020    Dept: P

 

Tentative Ruling

Dimas de Jesus Solares v. Jong I. Kim et al. Case No. BC620885

Hearing Date: February 4, 2020

Defendants Yarbrough and Edwards’ Motion for Determination of Good Faith Settlement

UNOPPOSED

This is a personal injury case, arising out of a three-vehicle collision. An unsecured mattress fell off a truck driven by moving defendants Yarbrough and Edwards, contributing to the accident.

Yarbrough and Edwards reached a settlement of Edwards’ insurance policy limits of $50,000.

Any settling party in an action where two or more parties are joint tortfeasors can apply for a determination of good faith settlement. Cal. Code of Civ. Proc. §877.6. A court determination that the settlement was in good faith bars other joint tortfeasors from further claims for comparative contribution or partial or comparative indemnity. Id. at §877.6(c). Factors to be considered include a rough approximation of the plaintiff’s total recovery, the settlor’s proportionate liability, amount paid in settlement, allocation of settlement proceeds among plaintiffs and recognition that a settlor should pay less in settlement than if found liable after a trial. Dole Food Co., Inc. v. Superior Court (2015) 242 Cal.App.4th 894, 909.

Courts are empowered to consider settling defendants’ wealth or lack thereof. City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1264. Where settling defendants have few or no assets, “a settlement which recouped anything of value could be properly found to be in good faith.” Aero-Crete v. Superior Court (1993) 21 Cal.App.4th 203, 208. Court also consider evidence of collusion, fraud or tortious conduct aimed at non-settling parties. Id. To receive approval, the settlement amount must be within the reasonable range, or “within the ballpark” of the settling tortfeasor’s share of liability for the plaintiff’s injuries. Tech-Bilt, Inc. v. Woodward-Clyde Assocs. (1985) 38 Cal.3d 488, 499. A party asserting a lack of good faith has the burden of proof. Cal. Code of Civ. Proc. §877.6(d).

No party has objected or asserted a lack of good faith. Plaintiff claims $168,000.00 in medical bills and $58,650 in lost earnings. Moving defendants present evidence that defendant Kim’s negligence was also a causal factor and that they have no assets to satisfy the judgment, other than the insurance policy funds. Under Tech-Bilt, Grand Terrace and Aero-Crete, the court finds the settlement in good faith. Motion GRANTED.