This case was last updated from Los Angeles County Superior Courts on 12/30/2019 at 04:15:35 (UTC).

EDWARD DOUGHERTY VS SUNSET RISE LLC ET AL

Case Summary

On 02/28/2018 EDWARD DOUGHERTY filed a Personal Injury - Other Personal Injury lawsuit against SUNSET RISE LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHEN I. GOORVITCH. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5866

  • Filing Date:

    02/28/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

STEPHEN I. GOORVITCH

 

Party Details

Plaintiff and Petitioner

DOUGHERTY EDWARD

Defendants, Respondents and Cross Plaintiffs

SUNSET RISE LLC

PADILLA'S COMPANY INC.

COBUILD INC.

DOES 1 TO 100

A-THRONE CO INC.

A-THRONE CO. INC. - (ROE 1)

A-THRONE CO. INC. - ROE 1

A-THRONE CO. INC. - ROE 1 - GOOD FAITH

Defendants, Respondents and Cross Defendants

PADILLA'S COMPANY INC.

ROES 1-100

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

MANSELL ROBERT ESQ.

MANSELL ROBERT WAYNE

Defendant, Respondent and Cross Plaintiff Attorneys

THE HAHN LEGAL GROUP APC

HART JAMES P. JR. ESQ.

TIJERINA ROLAND R. ESQ.

TIJERINA ROLANDO RENE ESQ.

HAHN ADRIENNE R

BERGSTEN ROBERT TROY

 

Court Documents

Request for Dismissal

12/11/2019: Request for Dismissal

Notice of Ruling

11/25/2019: Notice of Ruling

Motion for Determination of Good Faith Settlement (CCP 877.6)

10/29/2019: Motion for Determination of Good Faith Settlement (CCP 877.6)

Substitution of Attorney

9/17/2019: Substitution of Attorney

Substitution of Attorney

9/17/2019: Substitution of Attorney

Declaration - DECLARATION DECLARATION OF JOYCE MA IN SUPPORT OF COBUILD, INC. AND SUNSET RISE LLCS REPLY RE MOTION TO COMPEL PADILLAS COMPANY INC.S FURTHER SUPPLEMENTAL RESPONSE TO FORM INTERROGA

8/2/2019: Declaration - DECLARATION DECLARATION OF JOYCE MA IN SUPPORT OF COBUILD, INC. AND SUNSET RISE LLCS REPLY RE MOTION TO COMPEL PADILLAS COMPANY INC.S FURTHER SUPPLEMENTAL RESPONSE TO FORM INTERROGA

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL FURTHER DISCOVERY RESPONSES)

8/9/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL FURTHER DISCOVERY RESPONSES)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION TO COMPEL FURTHER DISCOVERY RESPONSES) OF 08/09/2019

8/9/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION TO COMPEL FURTHER DISCOVERY RESPONSES) OF 08/09/2019

Separate Statement

7/11/2019: Separate Statement

Notice of Posting of Jury Fees

5/14/2019: Notice of Posting of Jury Fees

Amendment to Complaint (Fictitious/Incorrect Name)

11/21/2018: Amendment to Complaint (Fictitious/Incorrect Name)

SUMMONS -

2/28/2018: SUMMONS -

CIVIL DEPOSIT -

5/11/2018: CIVIL DEPOSIT -

CROSS-COMPLAINT FOR EQUITABLE INDEMNITY, CONTRIBUTION AND APPORTIONMENT OF FAULT & EXPRESS INDEMNITY

5/11/2018: CROSS-COMPLAINT FOR EQUITABLE INDEMNITY, CONTRIBUTION AND APPORTIONMENT OF FAULT & EXPRESS INDEMNITY

PROOF OF SERVICE SUMMONS -

5/25/2018: PROOF OF SERVICE SUMMONS -

ANSWER BY A-THRONE CO., INC. TO CROSS-COMPLAINT OF SUNSET RISE, LLC & COBUILD, INC.

8/23/2018: ANSWER BY A-THRONE CO., INC. TO CROSS-COMPLAINT OF SUNSET RISE, LLC & COBUILD, INC.

PROOF OF SERVICE SUMMONS -

4/4/2018: PROOF OF SERVICE SUMMONS -

PROOF OF SERVICE SUMMONS -

4/23/2018: PROOF OF SERVICE SUMMONS -

40 More Documents Available

 

Docket Entries

  • 01/02/2020
  • DocketRequest for Dismissal; Filed by Edward Dougherty (Plaintiff)

    Read MoreRead Less
  • 12/18/2019
  • DocketRequest for Dismissal; Filed by Edward Dougherty (Plaintiff)

    Read MoreRead Less
  • 12/16/2019
  • DocketRequest for Dismissal; Filed by Edward Dougherty (Plaintiff)

    Read MoreRead Less
  • 12/11/2019
  • DocketRequest for Dismissal; Filed by Sunset Rise LLC (Cross-Complainant); Cobuild, Inc. (Cross-Complainant)

    Read MoreRead Less
  • 12/05/2019
  • Docketat 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Advanced and Vacated

    Read MoreRead Less
  • 11/25/2019
  • DocketNotice of Ruling; Filed by A-Throne Co., Inc. - (ROE 1) - GOOD FAITH (Defendant)

    Read MoreRead Less
  • 11/21/2019
  • Docketat 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Advanced and Vacated

    Read MoreRead Less
  • 11/21/2019
  • Docketat 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Motion for Determination of Good Faith Settlement (CCP 877.6) - Held - Motion Granted

    Read MoreRead Less
  • 11/21/2019
  • DocketMinute Order ( (Hearing on Motion for Determination of Good Faith Settlement ...)); Filed by Clerk

    Read MoreRead Less
  • 11/18/2019
  • DocketNotice of Ruling; Filed by Edward Dougherty (Plaintiff)

    Read MoreRead Less
61 More Docket Entries
  • 04/26/2018
  • DocketSUMMONS

    Read MoreRead Less
  • 04/26/2018
  • DocketANSWER TO COMPLAINT AND DEMAND FOR JURY TRIAL

    Read MoreRead Less
  • 04/23/2018
  • DocketProof-Service/Summons; Filed by Edward Dougherty (Plaintiff)

    Read MoreRead Less
  • 04/23/2018
  • DocketPROOF OF SERVICE SUMMONS

    Read MoreRead Less
  • 04/06/2018
  • DocketPROOF OF SERVICE SUMMONS

    Read MoreRead Less
  • 04/04/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Edward Dougherty (Plaintiff)

    Read MoreRead Less
  • 04/04/2018
  • DocketPROOF OF SERVICE SUMMONS

    Read MoreRead Less
  • 02/28/2018
  • DocketComplaint; Filed by Edward Dougherty (Plaintiff)

    Read MoreRead Less
  • 02/28/2018
  • DocketSUMMONS

    Read MoreRead Less
  • 02/28/2018
  • DocketCOMPLAINT FOR DAMAGES 1. NEGLIGENCE

    Read MoreRead Less

Tentative Rulings

Case Number: BC695866    Hearing Date: November 21, 2019    Dept: 5

Superior Court of California

County of Los Angeles

Department 5

edward dougherty,

Plaintiff,

v.

sunset rise llc, et al.,

Defendants.

Case No.: BC695866

Hearing Date: November 21, 2019

[Tentative] order RE:

defendant A-Throne Co., Inc.’s Motion for determination of good faith SETTLEMENT

Defendant, Cross-Complainant and Cross-Defendant A-Throne Co. Inc. (“Defendant”) moves for a determination that the settlement between Defendant and Plaintiff Edward Doughtery (“Plaintiff”) was in good faith. The motion is not opposed. In Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, the California Supreme Court set forth the factors to consider when determining whether a settlement is made in good faith.  The Tech-Bilt factors are: (1) a rough approximation of plaintiff’s total recovery and the settlor’s proportionate liability; (2) the amount paid in settlement; (3) the allocation of settlement proceeds among plaintiffs; (4) a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial; (5) the financial conditions and insurance policy limits of settling defendants; and (6) the existence of collusion, fraud, or tortious conduct aimed to injure the interests of the non-settling defendants.  (Tech-Bilt, Inc. v. Woodward-Clyde & Assoc. (1985) 38 Cal.3d 488, 498-501.) However, the moving party on an unopposed motion for determination of good faith settlement is not required to set forth a full discussion of the Tech-Bilt factors by declaration or affidavit. The moving party on an unopposed motion for determination of good faith settlement need only advance a motion setting forth the basic grounds for the determination of good faith and a declaration setting forth a brief background of the case. (City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261.)

Plaintiff alleges he hit his head on the upper horizontal metal pole of a damaged rectangular panel of temporary chain link fencing around a construction site. Defendant owned and installed the rectangular fencing. Plaintiff claims past medical special damages of $35,000. Defendant has agreed to settle for $50,000. As the motion is uncontested and the evidence before the Court suggests that Defendant agreed to settle with Plaintiffs without any collusion, fraud, or other improper conduct, the motion is granted.

CONCLUSION AND ORDER

The Court grants Defendant’s motion for determination of good faith settlement. The settlement between Plaintiff and Defendant is deemed to be a good faith settlement per Code of Civil Procedure, section 877.6. The settlement bars claims for indemnity against Defendant. (Code Civ. Proc., § 877.6, subd. (c).) Defendant shall provide notice and file proof of such with the Court.

DATED: November 21, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court