This case was last updated from Los Angeles County Superior Courts on 06/07/2019 at 12:15:31 (UTC).

KYLE WILLIAMS VS ASHLEY PAGAN ET AL

Case Summary

On 09/26/2017 KYLE WILLIAMS filed a Personal Injury - Motor Vehicle lawsuit against ASHLEY PAGAN. 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:

    ****7323

  • Filing Date:

    09/26/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

STEPHEN I. GOORVITCH

 

Party Details

Plaintiff

WILLIAMS KYLE

Defendants and Cross Plaintiffs

MURPHY FELIX

PAGAN ASHLEY

PAGAN TERESA

PAGAN JOHN

Defendants and Cross Defendants

PAGAN ASHLEY

PAGAN TERESA

PAGAN JOHN

Attorney/Law Firm Details

Defendant Attorney

KORFF EVE

Cross Plaintiff Attorney

SHAFFER CARMIN K.

 

Court Documents

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

9/26/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

SUMMONS

9/26/2017: SUMMONS

Notice of Posting of Jury Fees

6/5/2019: Notice of Posting of Jury Fees

Answer

4/4/2019: Answer

Cross-Complaint

4/4/2019: Cross-Complaint

Summons

4/4/2019: Summons

Unknown

3/25/2019: Unknown

Answer

3/20/2019: Answer

Notice of Ruling

3/15/2019: Notice of Ruling

Minute Order

3/12/2019: Minute Order

Proof of Personal Service

3/5/2019: Proof of Personal Service

Proof of Service by Substituted Service

2/21/2019: Proof of Service by Substituted Service

Proof of Personal Service

2/21/2019: Proof of Personal Service

Proof of Service by Substituted Service

2/21/2019: Proof of Service by Substituted Service

2 More Documents Available

 

Docket Entries

  • 06/05/2019
  • DocketNotice of Posting of Jury Fees; Filed by FELIX MURPHY (Cross-Complainant)

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  • 04/04/2019
  • DocketCross-Complaint; Filed by FELIX MURPHY (Cross-Complainant)

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  • 04/04/2019
  • DocketSummons (on Complaint); Filed by FELIX MURPHY (Defendant)

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  • 04/04/2019
  • DocketAnswer; Filed by FELIX MURPHY (Defendant)

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  • 03/26/2019
  • Docketat 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 03/25/2019
  • DocketNotice of Deposit - Jury; Filed by ASHLEY PAGAN (Defendant); TERESA PAGAN (Defendant); JOHN PAGAN (Defendant)

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  • 03/20/2019
  • DocketAnswer (to Complaint for Damages); Filed by ASHLEY PAGAN (Defendant); TERESA PAGAN (Defendant); JOHN PAGAN (Defendant)

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  • 03/15/2019
  • DocketNotice of Ruling; Filed by KYLE WILLIAMS (Plaintiff)

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  • 03/12/2019
  • Docketat 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Vacated by Court

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  • 03/12/2019
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 03/05/2019
  • DocketProof of Personal Service; Filed by KYLE WILLIAMS (Plaintiff)

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  • 02/21/2019
  • DocketProof of Service by Substituted Service; Filed by KYLE WILLIAMS (Plaintiff)

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  • 02/21/2019
  • DocketProof of Service by Substituted Service; Filed by KYLE WILLIAMS (Plaintiff)

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  • 02/21/2019
  • DocketProof of Personal Service; Filed by KYLE WILLIAMS (Plaintiff)

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  • 09/26/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 09/26/2017
  • DocketSUMMONS

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  • 09/26/2017
  • DocketComplaint; Filed by KYLE WILLIAMS (Plaintiff)

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Tentative Rulings

Case Number: ****7323    Hearing Date: February 10, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

kyle williams,

Plaintiff,

v.

ashley pagan, et al.,

Defendants.

Case No.: ****7323

Hearing Date: February 10, 2020

[Tentative] order RE:

DefendantS’ Motion for determination of good faith SETTLEMENT

Defendants Ashley Pagan, Teresa Pagan, and John Pagan (“Defendants”) move for a determination that the settlement between Defendants and Plaintiff Kyle Williams (“Plaintiff”) was in good faith. The motion is not opposed.

In Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, the 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, Plaintiff filed this action against Defendants based on injuries he sustained in a motor vehicle collision. Plaintiff was a passenger in a vehicle driven by Defendant Ashley Pagan, and owned by Defendants Teresa Pagan and John Pagan. That vehicle collided with a vehicle driven by Defendant Felix Murphy. Defendants have agreed to tender their policy limits to settle Plaintiff’s claim. 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 Court finds that the settlement between Plaintiff and Defendants was made in a good faith settlement per Code of Civil Procedure, section 877.6. The settlement bars 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: February 10, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court



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