City of Los Angeles v. Superior Court

This matter is being determined on transfer from the California Supreme Court, which following its opinion in Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488 [ 213 Cal.Rptr. 256 , 698 P.2d 159 ], directed this court to reconsider its opinion in City of Los Angeles v. Superior Court (Cal.App.).

Having done so, this court concludes, inter alia, that Code of Civil Procedure section 877.5 comports with both equal protection and due process.

However, the matter is remanded to the trial court to conduct an evidentiary hearing and to determine whether the proposed settlement agreement comports with the law as set forth in Tech-Bilt, because the Tech-Bilt criteria are factual in nature and thus within the province of the trial court.

Factual and Procedural Background

In November 1978, Paul Hutcherson (Hutcherson) was involved in an automobile accident in which his car overturned. He was treated by the City of Los Angeles’ (City) paramedics who transported him to Daniel Freeman Memorial Hospital (Hospital). There he was examined by Dr. Jerome Robinson (Robinson), an emergency room physician. Blood tests indicated a .184 alcohol level; he was therefore…