Summary
The United States District Court for the Southern District of California granted Jeong-Soon Long’s unopposed motion for a determination that her $7,500 settlement with the Hortman Parties was entered in good faith under California Code of Civil Procedure sections 877 and 877.6. The court concluded that the settlement satisfied the applicable good-faith standards and discussed the availability and permissible scope of contribution protection under CERCLA for private-party settlements. The action concerns alleged PCE contamination associated with dry-cleaning businesses and properties in Escondido, California.
Holdings
- The settlement was entered into in good faith under California Code of Civil Procedure sections 877 and 877.6. The determination bars contribution, equitable comparative contribution, and comparative indemnity claims against Long by persons with constitutionally sufficient prior notice, to the extent permissible by law.
- The court approved the settlement as fair, reasonable, adequate, and consistent with CERCLA's purposes and barred future contribution actions against Long to the extent permissible by law.
Questions Presented
- Whether the settlement between Jeong-Soon Long and the Hortman Parties was entered into in good faith under California Code of Civil Procedure sections 877 and 877.6.
- Whether the court should approve the private CERCLA settlement and bar future contribution claims against Long to the extent permissible by law.
Disposition
other
Cases Cited (22)
- Mason & Dixon Intermodal, Inc. v. Lapmaster Int’l LLC, 632 F.3d 1056, 1060 (9th Cir. 2011)(followed)
- Fed. Savings & Loan Ins. Corp. v. Butler, 904 F.2d 505, 511 (9th Cir. 1990)(followed)
- Slaven v. BP Am., Inc., 958 F. Supp. 1472, 1477–78 (C.D. Cal. 1997)(followed)
- Fullerton Redevelopment Agency v. S. Cal. Gas Co., 183 Cal. App. 4th 428, 432 (2010)(followed)
- Abbott Ford, Inc. v. Superior Ct., 43 Cal. 3d 858, 871–73 (1987)(followed)
- Tech-Bilt, Inc. v. Woodward-Clyde & Assocs., 38 Cal. 3d 488, 499–500 (1985)(followed)
- City of Grand Terrace v. Superior Ct., 192 Cal. App. 3d 1251, 1261–62 (1987)(followed)
- Michell v. United States, No. 09cv0387 BTM(JMA), 2011 WL 3903220, at *2 (S.D. Cal. Sept. 6, 2011)(followed)
- Hernandez v. Sutter Med. Ctr. of Santa Rosa, No. C 06-03350 SBA, 2009 WL 322937, at *3 (N.D. Cal. Feb. 9, 2009)(followed)
- Bonds v. Nicoletti Oil, Inc., No. CV-F-07-1600 OWW/DLB, 2008 WL 4104272, at *5 (E.D. Cal. Sept. 3, 2008)(followed)
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Cited In (0)
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Court Document
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