Antoinette Whiting et al v County of Santa Barbara

Case Number

24CV02514

Case Type

Hearing Date / Time

Wed, 12/17/2025 - 08:30

Nature of Proceedings

Civil Case Management Conference

Tentative Ruling

Plaintiffs: Steven Blum; Gary Ho; Vashon Simien.

Defendant/Cross Complainant County of Santa Barbara: Christine Monroe, Deborah Fox, Jenny Riggs, Margaret Rosequist.

Defendant/cross-defendant West Bay Company: Brian Merges; Elaine Fresch; Rosario L. Vizzie; Melvin Marcia; Brenda Newkirk; Megan Torres.

Background

An Ex Parte was held on 11/7/2025 for an Order Advancing the Hearing Date on West Bay’s Motion for an Order to determine that the settlement reached between Plaintiffs and West Bay was made in good faith, or, in the alternative, for an Order granting the Motion.  The ex parte request to advance the hearing was GRANTED. The Court said it will not issue an “immediate ruling” at the ex parte hearing granting the Motion. The Hearing date is 12/17/25 at 8:30 am. The ex parte documents are the moving papers. Any Opposition is due 12/5/25; any Reply due 12/11/25 at noon [courtesy copy to the Court].  The SJ Motion set for 1/21/26 is continued to 2/25/26 and the trial on 2/4/26 is continued to 3/25/26 with all cut-off dates to be based upon the new trial date [with the case to start trial on 3/26/26]. The MSA set for 1/9/26 is continued to 2/27/26 at 8:30 am in Dept. 5 via Zoom.

On 12/4 the County filed a non-opposition to the Motion for good faith settlement. There have no objections submitted pursuant to the above order.

RULING

The Good Faith Settlement is Approved; the settlement was achieved as part of a process in which all the parties were given equal access to information, along with mediations, and continuous settlement negotiations.   As such, West Bay’s request that the Court grant its Motion and enter an order determining the Settlement Agreement to be in good faith is granted. The law is clear that once a settlement between a plaintiff and a cross-defendant has been reached in good faith, Sections 877 and 877.6(c), and California Rules of Court, Rule 3.1382, authorize a court to dismiss all claims against the settlor and bar any other joint tortfeasors or co-obligors from any further claims and cross-complaints against the settling cross-defendant. West Bay further requests an order from the Court forever barring any current or prospective claims for contribution, apportionment, or indemnity against West Bay and their related persons and entities.  [There is a proposed Order submitted. Dated 1/21/26 should be changed to 12/17/25]

The Court will vacate - Trial date 3/25/26 - MSC 2/27/26 - SJ Motion 2/25/26.