Walter W. Wells v. County of Stanislaus

E.D. California

Walter W. Wells v. County of Stanislaus

District Court, E.D. California·Decided March 18, 2022·No. 1:20-cv-00770·Unknown

Opinion

Bradley J. Swingle, SBN 171535 Amanda J. Heitlinger, SBN 271469 A Professional Law Corporation 1207 I Street Post Office Box 3287 Modesto, California 95354 Telephone: (209) 522-2211 Facsimile: (209) 522-2980

Attorneys for Defendants CITY OF CERES and DEREK PERRY

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

WALTER W. WELLS and SCOTT Case No: 1:20-CV-00770-TLN-BAM Honorable Troy L. Nunley Plaintiffs, STIPULATION RE DETERMINATION OF vs. GOOD FAITH SETTLEMENT OF DEFENDANTS CITY OF CERES AND COUNTY OF STANISLAUS; CITY OF DEREK PERRY WITH PLAINTIFFS MODESTO; CITY OF CERES; DISTRICT ATTORNEY; KIRK BUNCH; JON EVERS; DALE LINGERFELT; STEVE JACOBSON; BIRGIT FLADAGER; COREY BROWN; and DEREK PERRY,

Defendants. ______________________________/ IT IS HEREBY STIPULATED by and between plaintiffs, WALTER W. WELLS and SCOTT MCFARLANE (hereafter “PLAINTIFFS” when referred to collectively), defendants COUNTY OF STANISLAUS, STANISLAUS COUNTY OFFICE OF THE DISTRICT ATTORNEY, KIRK BUNCH, DALE LINGERFELT, STEVE JACOBSON, BIRGIT FLADAGER, and COREY BROWN (hereafter “COUNTY”), defendant CITY OF MODESTO (hereafter “MODESTO”), and defendant CITY OF CERES and DEREK PERRY (hereafter “CERES”), as follows: 1. CERES is a defendant in this action. 2. CERES has reached an agreement with PLAINTIFFS to pay to them the total sum of $10,000.00, with WALTER W. WELLS receiving $5,000.00 and SCOTT MCFARLANE receiving $5,000.00, in exchange for a dismissal of PLAINTIFFS’ Claims against CERES. 3. PLAINTIFFS, COUNTY, MODESTO, and CERES all hereby agree and stipulate that the settlement between PLAINTIFFS and CERES is in good faith pursuant to California Code of Civil Procedure sections 877 and 877.6. 4. California Code of Civil Procedure section 877 et. seq. governs the determination of whether the settlement entered into by and between PLAINTIFFS and CERES is in good faith. A settling party may seek a determination that a settlement was made in good faith under California Code of Civil Procedure section 877.6 in federal court. Fed. Sav. &Loan Ins. Corp. v. Butler, 904 F.2d 505, 511 (9th Cir. 1990) (holding that while the “section 877.6 procedures do not govern a federal action . . . the substantive provisions. . . are applicable”); Jette v. Orange Cnty., Fin., Inc., No. 2:08-cv-01767 GEB KJM, 2010 WL 3341561, at *2 (E.D. Cal. Aug. 23, 2010); Maxwell v. MortgageIT, Inc., No. 1:08-CV-01329 OWW SKO, 2010 WL 2219190, at *1 (E.D. Cal. June 1, 2010) (stating that “federal courts may enter . . . determinations” under section 877.6); Sunterra Corp. v. Perini Bldg. Co., No. 2:04-cv-00784 MCE EFB, 2009 WL 2136108, at *1 (E.D. Cal. July 15, 2009) (stating that “[a] district court may properly consult the provisions of §877.6 in determining whether an early settlement meets the requisite good faith scrutiny”). Section 877.6 provides: (a)(1) Any party to an action in which it is alleged that two or more parties are joint tortfeasors . . . shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors . . ., upon giving notice . . . . (2) In the alternative, a settling party may give notice of settlement to all parties and to the court, together with an application for determination of good faith settlement and a proposed order. . . . (b) The issue of the good faith of a settlement may be determined by the court on the basis of affidavits served with the notice of hearing, and any counteraffidavits filed in response, or the court may, in its discretion, receive other evidence at the hearing. (c) A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor . . . from any further claims against the settling tortfeasor . . . for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault. (d) The party asserting the lack of good faith shall have the burden of proof on that issue.

California Code of Civil Procedure section 877.6.

Here, this application is unopposed and is stipulated to by all of the parties in this litigation. 5. Pursuant to California Code of Civil Procedure sections 877 and 877.6, all further Claims against CERES for equitable comparative contribution, or partial or comparative indemnity, shall be barred. DATED: March 17, 2022 ARATA, SWINGLE, VAN EGMOND & HEITLINGER A Professional Law Corporation

By: /s/ Bradley J. Swingle Bradley J. Swingle Attorneys for Defendants CITY OF CERES and DEREK PERRY DATED: March 17, 2022 MORRISON & FOERSTER LLP

By: /s/ Arturo J. Gonzalez (authorized per email) Arturo J. Gonzalez Attorneys for Plaintiffs WALTER W. WELLS and SCOTT MCFARLANE

DATED: March 17, 2022 ALLEN, GLAESSNER, HAZELWOOD & WERTH

By /s/ Patrick D. Moriarty (authorized per email) Patrick D. Moriarty Attorneys for Defendants CITY OF MODESTO, CHIEF GALEN CARROLL and DETECTIVE JON EVERS DATED: March 17, 2022 PORTER SCOTT, APC

By /s/ John R. Whitefleet (authorized per email) John R. Whitefleet Attorneys for Defendants COUNTY OF STANISLAUS, STANISLAUS OFFICE OF THE DISTRICT ATTORNEY, KIRK BUNCH, DALE LINGERFELT, STEVE JACOBSON and

GOOD CAUSE HAVING BEEN SHOWN AND THE PARTIES HAVING STIPULATED TO THE SAME, the Court finds that the above-stated Stipulation is and shall be the Order of the Court. The settlement between plaintiffs WALTER J. WELLS, SCOTT MCFARLANE, and CERES is hereby deemed to be a good faith settlement within the meaning and effect of California Code of Civil Procedure sections 877 and 877.6. Any further claims of any joint tortfeasors or co-obligors relating to the subject matter of this lawsuit against CERES for equitable comparative contribution, « partial or comparative indemnity, based on comparative negligence or comparative fault are hereby forever barred and dismissed with prejudice pursuant to California Code of Civil Procedure section 877.6, subdivision (c). 1] IT IS SO ORDERED. ry /) “ \/ bu DATED: March 17, 2022 —ZNS Ze □□ Troy L. Nunley» □ United States District Judge “STIPULATION FOR GOOD FAITH SETTLEMENT AND ORDER □□□□□□□□□□□□□□□□□□□□□□□□□

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Bradley J. Swingle, SBN 171535 Amanda J. Heitlinger, SBN 271469 A Professional Law Corporation 1207 I Street Post Office Box 3287 Modesto, California 95354 Telephone: (209) 522-2211 Facsimile: (209) 522-2980

Attorneys for Defendants CITY OF CERES and DEREK PERRY

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

WALTER W. WELLS and SCOTT Case No: 1:20-CV-00770-TLN-BAM Honorable Troy L. Nunley Plaintiffs, STIPULATION RE DETERMINATION OF vs. GOOD FAITH SETTLEMENT OF DEFENDANTS CITY OF CERES AND COUNTY OF STANISLAUS; CITY OF DEREK PERRY WITH PLAINTIFFS MODESTO; CITY OF CERES; DISTRICT ATTORNEY; KIRK BUNCH; JON EVERS; DALE LINGERFELT; STEVE JACOBSON; BIRGIT FLADAGER; COREY BROWN; and DEREK PERRY,

Defendants. ______________________________/ IT IS HEREBY STIPULATED by and between plaintiffs, WALTER W. WELLS and SCOTT MCFARLANE (hereafter “PLAINTIFFS” when referred to collectively), defendants COUNTY OF STANISLAUS, STANISLAUS COUNTY OFFICE OF THE DISTRICT ATTORNEY, KIRK BUNCH, DALE LINGERFELT, STEVE JACOBSON, BIRGIT FLADAGER, and COREY BROWN (hereafter “COUNTY”), defendant CITY OF MODESTO (hereafter “MODESTO”), and defendant CITY OF CERES and DEREK PERRY (hereafter “CERES”), as follows: 1. CERES is a defendant in this action. 2. CERES has reached an agreement with PLAINTIFFS to pay to them the total sum of $10,000.00, with WALTER W. WELLS receiving $5,000.00 and SCOTT MCFARLANE receiving $5,000.00, in exchange for a dismissal of PLAINTIFFS’ Claims against CERES. 3. PLAINTIFFS, COUNTY, MODESTO, and CERES all hereby agree and stipulate that the settlement between PLAINTIFFS and CERES is in good faith pursuant to California Code of Civil Procedure sections 877 and 877.6. 4. California Code of Civil Procedure section 877 et. seq. governs the determination of whether the settlement entered into by and between PLAINTIFFS and CERES is in good faith. A settling party may seek a determination that a settlement was made in good faith under California Code of Civil Procedure section 877.6 in federal court. Fed. Sav. &Loan Ins. Corp. v. Butler, 904 F.2d 505, 511 (9th Cir. 1990) (holding that while the “section 877.6 procedures do not govern a federal action . . . the substantive provisions. . . are applicable”); Jette v. Orange Cnty., Fin., Inc., No. 2:08-cv-01767 GEB KJM, 2010 WL 3341561, at *2 (E.D. Cal. Aug. 23, 2010); Maxwell v. MortgageIT, Inc., No. 1:08-CV-01329 OWW SKO, 2010 WL 2219190, at *1 (E.D. Cal. June 1, 2010) (stating that “federal courts may enter . . . determinations” under section 877.6); Sunterra Corp. v. Perini Bldg. Co., No. 2:04-cv-00784 MCE EFB, 2009 WL 2136108, at *1 (E.D. Cal. July 15, 2009) (stating that “[a] district court may properly consult the provisions of §877.6 in determining whether an early settlement meets the requisite good faith scrutiny”). Section 877.6 provides: (a)(1) Any party to an action in which it is alleged that two or more parties are joint tortfeasors . . . shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors . . ., upon giving notice . . . . (2) In the alternative, a settling party may give notice of settlement to all parties and to the court, together with an application for determination of good faith settlement and a proposed order. . . . (b) The issue of the good faith of a settlement may be determined by the court on the basis of affidavits served with the notice of hearing, and any counteraffidavits filed in response, or the court may, in its discretion, receive other evidence at the hearing. (c) A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor . . . from any further claims against the settling tortfeasor . . . for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault. (d) The party asserting the lack of good faith shall have the burden of proof on that issue.

California Code of Civil Procedure section 877.6.

Here, this application is unopposed and is stipulated to by all of the parties in this litigation. 5. Pursuant to California Code of Civil Procedure sections 877 and 877.6, all further Claims against CERES for equitable comparative contribution, or partial or comparative indemnity, shall be barred. DATED: March 17, 2022 ARATA, SWINGLE, VAN EGMOND & HEITLINGER A Professional Law Corporation

By: /s/ Bradley J. Swingle Bradley J. Swingle Attorneys for Defendants CITY OF CERES and DEREK PERRY DATED: March 17, 2022 MORRISON & FOERSTER LLP

By: /s/ Arturo J. Gonzalez (authorized per email) Arturo J. Gonzalez Attorneys for Plaintiffs WALTER W. WELLS and SCOTT MCFARLANE

DATED: March 17, 2022 ALLEN, GLAESSNER, HAZELWOOD & WERTH

By /s/ Patrick D. Moriarty (authorized per email) Patrick D. Moriarty Attorneys for Defendants CITY OF MODESTO, CHIEF GALEN CARROLL and DETECTIVE JON EVERS DATED: March 17, 2022 PORTER SCOTT, APC

By /s/ John R. Whitefleet (authorized per email) John R. Whitefleet Attorneys for Defendants COUNTY OF STANISLAUS, STANISLAUS OFFICE OF THE DISTRICT ATTORNEY, KIRK BUNCH, DALE LINGERFELT, STEVE JACOBSON and

GOOD CAUSE HAVING BEEN SHOWN AND THE PARTIES HAVING STIPULATED TO THE SAME, the Court finds that the above-stated Stipulation is and shall be the Order of the Court. The settlement between plaintiffs WALTER J. WELLS, SCOTT MCFARLANE, and CERES is hereby deemed to be a good faith settlement within the meaning and effect of California Code of Civil Procedure sections 877 and 877.6. Any further claims of any joint tortfeasors or co-obligors relating to the subject matter of this lawsuit against CERES for equitable comparative contribution, « partial or comparative indemnity, based on comparative negligence or comparative fault are hereby forever barred and dismissed with prejudice pursuant to California Code of Civil Procedure section 877.6, subdivision (c). 1] IT IS SO ORDERED. ry /) “ \/ bu DATED: March 17, 2022 —ZNS Ze □□ Troy L. Nunley» □ United States District Judge “STIPULATION FOR GOOD FAITH SETTLEMENT AND ORDER □□□□□□□□□□□□□□□□□□□□□□□□□

Walter W. Wells v. County of Stanislaus, (E.D. Cal. 2022).

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