Starr Indemnity and Liability Company v. Dunham Trust Company

• Court: District Court, C.D. California
• Decided: November 12, 2021
• Docket: 5:21-cv-00142
• Status: Unknown

Opinion

1 JS-6

2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 STARR INDEMNITY & LIABILITY ) Case No. 5:21-cv-00142-SB-ADS COMPANY, ) 12 ) Plaintiff, ) ORDER RE: DISMISSAL OF 13 ) ACTION vs. ) 14 ) DUNHAM TRUST COMPANY, et al., ) 15 Defendants. ) ) 16 ) ) 17 ) ) 18 ) AND RELATED COUNTERCLAIMS ) 19 )

20 Having reviewed the stipulation of the Parties and good cause appearing 21 therefor, this action shall be dismissed in its entirety forthwith; however, the 22 dismissal shall be deemed by operation of this order to be with prejudice only upon 23 the performance of all of the following four conditions in the wrongful death action 24 pending before this Court, styled Karen Elliott, et al. v. Cessna Aircraft Co., et al., 25 case no. 8:20-cv-00378-SB-ADS, as respects the settlement agreement herein: 26 (1) The Court’s approval of the settlement herein as being in “good-faith” (see 27 Cal. Code Civ. Proc. § 877, et seq., and the factors outlined in Tech-Bilt v. 28 l Woodward-Clyde & Associates, 38 Cal.3d 488, 499, 698 P.2d 159, 166-67, 2 213 Cal. Rptr. 256, 263 (1985)); 3 (2) The Court’s approval of minors’ compromises as to all the minor plaintiffs 4 in the wrongful death action (see Cal. Code Civ. Proc. § 372, et seq.; Cal. 5 Probate Code § 3500, et seq.); 6 (3) The actual funding of all settlements against all parties in full, which shall 7 be defined as the final date upon which all payments have cleared the 8 payee's account; and 9 (4) The filing with this Court of an appropriate notice indicating that the three 10 above-enumerated conditions precedent have in fact been satisfied, signed 11 by counsel for all Parties to this action. 12 13 | IT ISSO ORDERED. 14 15 | Dated: November 12, 2021 ‘6 reas Stanley Blumenfeld, Jr. 18 United States District Judge 19 20 21 22 23 24 25 26 27 28