STICH vs EMPLOYMENT SCREENING PLUS, LLC, et al.

24CV084508: STICH vs EMPLOYMENT SCREENING PLUS, LLC, et al. 09/01/2026 Hearing on Motion for Determination of Good Faith Settlement (CCP 877.6) filed by Paul Stich (Plaintiff) CRS# 578622820589 in Department 517

Tentative Ruling - 08/31/2026 Keith Fong

Plaintiff Paul Stich’s unopposed Motion for Determination of Good Faith Settlement is GRANTED.

BACKGROUND

Plaintiff Paul Stich (“Plaintiff”) initiated this employment action on July 24, 2024 against Defendants Employment Screening Plus, LLC dba EV3 Global (“EV3”), Countable Corp. (“Countable”), Countable Tech, LLC (“Countable Tech”), Frank Richards (“Richards”), and Bart Myers (“Myers”). The Complaint alleges age discrimination, wrongful termination, failure to prevent discrimination, fraud, intentional and negligent misrepresentation, promissory estoppel, fraudulent concealment, and false promise.

On May 6, 2026, Plaintiff, Countable, and Myers participated in a Mandatory Settlement Conference. (Huber Decl. ¶ 5.) The parties entered into a confidential settlement agreement. (Id., Exh. B.) Plaintiff now moves for a determination of good faith settlement pursuant to Code of Civil Procedure section 877.6. There is no opposition to the motion on file.

LEGAL STANDARD

Pursuant to Code of Civil Procedure section 877.6, a court’s finding that a settlement between a claimant and one or more joint tortfeasors was entered into in good faith operates to discharge the settling defendant’s obligations to any remaining defendants for contribution or equitable indemnity. (See Civ. Proc. Code, § 877.6, subds. (a), (c).) The challenging party bears the burden of proving that the settlement was not in good faith. (Civ. Proc. Code, § 877.6, subd. (d); see also N. County Contractor’s Ass’n v. Touchstone Ins. Servs. (1994) 27 Cal.App.4th 1085, 1091.)

The intent and policies underlying section 877.6 require that a number of factors be taken into account including a rough approximation of plaintiffs’ total recovery and the settlor’s proportionate liability, the amount paid in settlement, the allocation of settlement proceedings among plaintiffs, and a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial. (Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499.) Other relevant considerations include the financial conditions and insurance policy limits of settling defendants, as well as the existence of collusion, fraud, or tortious conduct aimed to injure the interests of the non-settling defendants. (Id.)

The Tech-Bilt factors are non-exhaustive and may not apply in all cases. (Dole Food Co., Inc. v. Superior Court (2015) 242 Cal.App.4th 894, 909.) The determination as to whether a settlement 24CV084508: STICH vs EMPLOYMENT SCREENING PLUS, LLC, et al. 09/01/2026 Hearing on Motion for Determination of Good Faith Settlement (CCP 877.6) filed by Paul Stich (Plaintiff) CRS# 578622820589 in Department 517 is in good faith is a matter left to the discretion of the trial court. (Mattco Forge, Inc. v. Arthur Young & Co. (1995) 38 Cal.App.4th 1337, 1349.)

DISCUSSION

The motion is unopposed. When the good faith nature of a settlement is not disputed, a “barebones motion which sets forth the ground of good faith, accompanied by a declaration which sets forth a brief background of the case is sufficient” for a court to grant a motion for determination of good faith settlement. (City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261.)

Plaintiff submits the declaration of its counsel, Beth Huber, in support of its declaration. Counsel’s declaration sets forth the settlement discussions and terms of the agreement. (Huber Decl. ¶¶ 5-6.) A copy of the settlement agreement is submitted with the declaration under seal for confidentiality purposes. The settlement appears fair and reasonable, follow arms’ length negotiations at a Mandatory Settlement Conference, and does not appear to be the product of fraud or collusion.

CONCLUSION

Pursuant to the foregoing, Plaintiff’s unopposed motion for determination of good faith settlement is GRANTED. The Court finds that the settlement between Plaintiff, Countable, and Myers is in good faith pursuant to Code of Civil Procedure section § 877.6. All claims against Countable and Myers for equitable comparative-contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault, are hereby barred by the Court’s finding that the settlement is in good faith. (C.C.P. § 877.6(c).)

HOW DO I CONTEST A TENTATIVE RULING?

THROUGH ECOURT

Notify the Court and all the other parties no later than 4:00 p.m. (but by Noon if possible) at least one (1) court day before the scheduled hearing, and briefly identify the issues you wish to argue through the following steps: 1. Log into eCourt Public Portal 2. Case Search 3. Enter the Case Number and select Search?

4. Select the Case Name 5. Select the Tentative Rulings Tab 6. Select Click to Contest this Ruling?

7. Enter your Name and Reason for Contesting 8. Select Proceed?

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

24CV084508: STICH vs EMPLOYMENT SCREENING PLUS, LLC, et al. 09/01/2026 Hearing on Motion for Determination of Good Faith Settlement (CCP 877.6) filed by Paul Stich (Plaintiff) CRS# 578622820589 in Department 517

BY EMAIL Send an email to the DEPARTMENT CLERK and all the other parties no later than 4pm (but by Noon if possible) at least one (1) court day before the scheduled hearing.

BOTH ECOURT AND EMAIL notices are required.

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