Guerrero

County of Los Angeles v. Guerrero

Good Law
1989 Cal. App. LEXIS 380·209 Cal. App. 3d 1149·257 Cal. Rptr. 787
Court of Appeal of CaliforniaApril 24, 1989B032900California3,315 words

Opinion

Opinion

Klein, J.

Cross-complainant and appellant County of Los Angeles (County) appeals an order dismissing its cross-complaint against cross-defendant and respondent Joe Reyes Guerrero (Guerrero), and granting Guerrero’s motion for determination of good faith settlement (Code Civ. Proc., § 877.6.) -

The fact the settlement was entered into well before the filing of suit does not preclude a finding of good faith. Notwithstanding the settlement’s dis-proportionality, because Guerrero lacks other assets, substantial evidence supports the finding of good faith settlement. The order is therefore affirmed.

Factual & Procedural Background

On March 20, 1986, at a Lancaster intersection, Thomas Russo (Russo) was struck by a car driven by Guerrero. As a consequence, Russo sustained severe and permanently disabling injuries.

On May 30, 1986, Interinsurance Exchange of the Automobile Club of Southern California (Auto Club), Guerrero’s insurer, paid the policy limits of $15,000 each to Russo and to his wife, for a total of $30,000. On June 9, 1986, the Russos executed a full release in Guerrero’s favor.

The Russos filed a claim with the County on July 1, 1986.

On February 23, 1987, the Russos…

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