This case was last updated from Los Angeles County Superior Courts on 11/27/2019 at 15:54:28 (UTC).

JESSICA OCHOA VS BRIAN HERNANDEZ ET AL

Case Summary

On 05/04/2018 a Personal Injury - Motor Vehicle case was filed by JESSICA OCHOA against BRIAN HERNANDEZ in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5134

  • Filing Date:

    05/04/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • 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

OCHOA JESSICA

Defendants and Respondents

HERNANDEZ BRIAN

ORDAZ RICHARD

HERNANDEZ JOAQUIN

DOES 1 TO 30

TRINITY YOUTH SERVICES

TRINITY YOUTH SERVICES INC.

TRINITY YOUTH SERVICES - GOOD FAITH

ORDAZ - GOOD FAITH RICHARD

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

ZADOURIAN ARMEN

Defendant and Respondent Attorneys

NORTON GEOFFREY P. ESQ.

LEE JIEHOON

 

Court Documents

Notice of Ruling

11/14/2019: Notice of Ruling

Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER GOOD FAITH SETTLEMENT)

11/1/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER GOOD FAITH SETTLEMENT)

Motion for Determination of Good Faith Settlement (CCP 877.6)

9/30/2019: Motion for Determination of Good Faith Settlement (CCP 877.6)

Notice - NOTICE OF CONTINUANCE OF TRINITY YOUTH SERVICES

9/30/2019: Notice - NOTICE OF CONTINUANCE OF TRINITY YOUTH SERVICES

Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER GOOD FAITH SETTLEMENT)

10/1/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER GOOD FAITH SETTLEMENT)

Notice - NOTICE NOTICE OF NON OPPOSITION

9/23/2019: Notice - NOTICE NOTICE OF NON OPPOSITION

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

9/11/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

Motion for Determination of Good Faith Settlement (CCP 877.6)

9/4/2019: Motion for Determination of Good Faith Settlement (CCP 877.6)

Notice of Ruling

7/24/2019: Notice of Ruling

Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER GOOD FAITH SETTLEMENT)

7/18/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER GOOD FAITH SETTLEMENT)

Answer

5/1/2019: Answer

Notice of Deposit - Jury

5/1/2019: Notice of Deposit - Jury

Motion re: - MOTION RE: DETERMINATION OF GOOD FAITH SETTLEMENT

5/29/2019: Motion re: - MOTION RE: DETERMINATION OF GOOD FAITH SETTLEMENT

Summons - on Cross Complaint

6/22/2018: Summons - on Cross Complaint

Answer -

6/22/2018: Answer -

Cross-Complaint -

6/22/2018: Cross-Complaint -

SUMMONS -

5/4/2018: SUMMONS -

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

5/4/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

6 More Documents Available

 

Docket Entries

  • 05/04/2021
  • Hearing05/04/2021 at 08:30 AM in Department 5 at 312 North Spring Street, Los Angeles, CA 90012; : OSC RE Dismissal

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  • 06/22/2020
  • Hearing06/22/2020 at 08:30 AM in Department 5 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 06/08/2020
  • Hearing06/08/2020 at 10:00 AM in Department 5 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 11/14/2019
  • DocketNotice of Ruling; Filed by Richard Ordaz - GOOD FAITH (Defendant); Trinity Youth Services - GOOD FAITH (Defendant)

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  • 11/04/2019
  • Docketat 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 11/01/2019
  • Docketat 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Motion - Other (Good Faith Settlement) - Held - Motion Granted

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  • 11/01/2019
  • DocketMinute Order ( (Hearing on Motion - Other Good Faith Settlement)); Filed by Clerk

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  • 10/18/2019
  • Docketat 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 10/01/2019
  • Docketat 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Motion - Other (Good Faith Settlement) - Not Held - Continued - Court's Motion

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  • 10/01/2019
  • DocketMinute Order ( (Hearing on Motion - Other Good Faith Settlement)); Filed by Clerk

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9 More Docket Entries
  • 05/01/2019
  • DocketNotice of Deposit - Jury; Filed by Brian Hernandez (Defendant); Joaquin Hernandez (Defendant)

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  • 05/01/2019
  • DocketAnswer; Filed by Brian Hernandez (Defendant); Joaquin Hernandez (Defendant)

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  • 06/22/2018
  • DocketAnswer

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  • 06/22/2018
  • DocketAnswer; Filed by Richard Ordaz - GOOD FAITH (Defendant); Trinity Youth Services - GOOD FAITH (Defendant)

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  • 06/22/2018
  • DocketCross-Complaint; Filed by Richard Ordaz - GOOD FAITH (Defendant); Trinity Youth Services - GOOD FAITH (Defendant)

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  • 06/22/2018
  • DocketCross-Complaint

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  • 06/22/2018
  • DocketSummons; Filed by Richard Ordaz - GOOD FAITH (Defendant); Trinity Youth Services - GOOD FAITH (Defendant)

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  • 05/04/2018
  • DocketComplaint; Filed by Jessica Ochoa (Plaintiff)

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  • 05/04/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 05/04/2018
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC705134    Hearing Date: November 01, 2019    Dept: 5

Superior Court of California

County of Los Angeles

Department 5

jessica ochoa,

Plaintiff,

v.

brian hernandez, et al.,

Defendants.

Case No.: BC705134

Hearing Date: November 1, 2019

[Tentative] order RE:

Defendants’ Motion for determination of good faith SETTLEMENT

Defendants Trinity Youth Services and Richard Ordaz (“Defendants”) move for a determination that the settlement between Defendants and Plaintiff Jessica Ochoa (“Plaintiff”) was in good faith. The motion is unopposed.

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.)

In this case, Defendants and Plaintiff were involved in a vehicle collision with Defendant Brian Hernandez (“Hernandez”). Plaintiff was a passenger in Defendants’ vehicle when it stalled on the highway. While Defendants’ vehicle was stopped with the hazard lights blinking, Hernandez collided with the vehicle, causing injuries to Plaintiff. Defendants agreed to settle with Plaintiff for $7,500. This is greater than Plaintiff’s claimed special damages of $7,115.17. Further, as Hernandez rear-ended Defendants’ vehicle, it is likely that a trier of fact would assign a significant liability for the underlying accident to Hernandez. As the motion is uncontested and the evidence before the Court suggests that Defendants agreed to settle with Plaintiff without any collusion, fraud, or other improper conduct, the motion is granted.

CONCLUSION AND ORDER

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

DATED: November 1, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court