Guerrero
County of Los Angeles v. Guerrero
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.