Mayhugh

Chernow & Lieb and Sherwin Conway for Intervener and Respondent.

OPINION

RICKLES, J.

Mayhugh was driving a truck for her company and was rear ended by Kenneth Brian Augustine, an employee of Orange County. Augustine was driving his personal automobile on county business. Mayhugh suffered personal injuries as a result of this collision.

Mayhugh sued Augustine and Orange County. Mayhugh's employer's compensation carrier Zenith National Insurance Company paid extensive benefits to Mayhugh and intervened to recover these benefits from Augustine and Orange County.

Mayhugh with Zenith's consent settled with Augustine for his policy limits. Mayhugh moved the court for a determination this settlement was in good faith under 877.6 of the Code of Civil Procedure. [1] The county resisted this motion on the theory section 877.6 was applicable to joint tortfeasors and did not apply to respondeat superior situations. The court ruled Mayhugh's settlement with Augustine was in good faith. Mayhugh and Zenith filed dismissals with prejudice as to Augustine, leaving Orange County as the only defendant.

Before trial, Orange County moved to dismiss Mayhugh's and Zenith's complaints contending…