Fisher
Fisher v. Superior Court
Opinion
Opinion
McCLOSKY, J.
On February 7, 1980, at the request of plaintiff-petitioner Frank A. Fisher (hereafter Fisher) and cross-defendant-petitioner Norma Jean Schultz (hereafter Norma), this court issued an order staying the trial of this action until further order of the court and issued an alternative writ of mandate directing the respondent court to;
On February 11, 1980, the respondent court vacated its prior order of January 31, 1980, pursuant to alternative (a) of the aforementioned writ of mandate and set the issue of good faith settlement for trial on February 26, 1980, and set the trial of the plaintiff Fisher’s complaint for March 10, 1980. Thereafter we vacated that stay order.
The respondent court had denied the motion of petitioners Fisher and Norma for trial of the issue of good faith settlement between petitioners Fisher and Norma, in advance of the trial of all other issues. As the respondent court’s ruling presents a question of first impression of general importance to the trial courts and to the legal profession, we issued the alternative writ. (See West Hills Hospital v. Superior Court (1979) 98 Cal.App.3d 656 [ 159 Cal.Rptr. 645, 646 ]; Oceanside Union School Dist. v.…