Schuler

Schuler v. Hernandez

Good Law
1988 Cal. App. LEXIS 650·202 Cal. App. 3d 1302·249 Cal. Rptr. 550
Court of Appeal of CaliforniaJuly 21, 1988B031012California1,467 words

Opinion

Opinion

Lillie, J.

Cross-complainant Dale Schuler appeals from an order dismissing his “Cross-Complaint for Declaratory Relief for Comparative Implied Indemnity” against cross-defendants Lucia Hernandez and Ronald Williams upon the determination by the trial court that Hernandez and Williams entered into a good faith settlement with plaintiff Santha Anderson-Williams.

Schuler contends the payment of $100,000 by Williams to plaintiff did not constitute a settlement of plaintiff’s claims against Williams and/or Hernandez and that if it did it was not a settlement made in good faith.

I

Factual and Procedural Background

On August 27, 1984, plaintiff Anderson-Williams drove to the home of her estranged husband, Williams, and asked Lucia Hernandez, who was Williams’s housekeeper, to follow her on an errand in a car owned by Williams. As plaintiff prepared to leave Williams’s driveway she was hit from the rear by the vehicle driven by Hernandez which propelled her vehicle into the pathway of oncoming traffic where she was broadsided by defendant and cross-complainant Schuler.

On December 17, 1984, plaintiff filed a suit for personal injury naming Lucia Hernandez, Ronald Williams and Dale…

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