(DOWNLOAD) "Far West Financial Corp. V. D & S Co." by Supreme Court Of California ~ eBook PDF Kindle ePub Free

eBook details

Title: Far West Financial Corp. V. D & S Co.
Author : Supreme Court Of California
Release Date : January 15, 1988
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 93 KB

Description

California has adopted a variety of statutes to promote the voluntary settlement of litigation. One of these provisions, section 877.6, subdivision (c) of the Code of Civil Procedure,*fn1 provides that when a defendant in a tort action enters into a settlement agreement with the plaintiff and the trial court determines that the settlement was made in "good faith," the trial court's good faith determination "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." The issue presented here is whether, under this statutory scheme, a defendant who has entered into a good faith settlement remains vulnerable to a claim by a nonsettling defendant for "total equitable indemnity," or whether such a claim is covered by the statute and is barred by the good faith settlement.