Singer Co. v. Superior Court

Petitioner, the Singer Company (hereafter Singer), seeks a peremptory writ of mandate directing the Superior Court of Fresno County to vacate its order dismissing Singer’s cross-complaint against real party in interest, Cool-Temp Air Conditioning Company (hereafter Cool-Temp). Singer had cross-complained for indemnity, contribution and declaratory relief arising from an action for personal injuries in which Singer is a defendant; Cool-Temp had previously settled plaintiffs’ personal injury claims. Singer argues that respondent court abused its discretion (1) in failing to require Cool-Temp to comply with Singer’s request for discovery relevant to the good faith of Cool-Temp’s settlement before deciding that issue as to Singer and (2) in dismissing Singer’s cross-complaint.

Singer’s petition requires us to decide the fundamental question of whether a joint tortfeasor not a party to the lawsuit, either by complaint or cross-complaint, at the time another joint tortfeasor settles with the plaintiff is bound by an ensuing determination pursuant to Code of Civil Procedure section 877.6 that the settlement is in good faith. Fundamental constitutional principles of due process…