Chernett

Kenneth B. Jacques, M.D., and Lois D. Bower purport to appeal from an order sustaining a motion by Kaiser Foundation Hospitals, et al. for determination of a good faith settlement with Freda and Milton Chernett. They assert the trial court abused its discretion when it refused to evaluate the settlement in light of the factors specified in Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499 [ 213 Cal.Rptr. 256 , 698 P.2d 159 ].

“[A] determination that a settlement has been made in good faith is an interlocutory decree. Although section 904.1 [Code Civ. Proc.] sets forth several specific instances in which an interlocutory judgment may be appealed, the good faith determination is not among them.” (Barth-Wittmore Ins. v. H. R. Murphy Enterprises, Inc. (1985) 169 Cal.App.3d 124, 130 [ 214 Cal.Rptr. 894 ].)

Relying on Pigeon Point Ranch, Inc. v. Perot (1963) 59 Cal.2d 227, 231-232 [ 28 Cal.Rptr. 865 , 379 P.2d 321 ] appellants assert this court’s denial of respondents’ motion to dismiss the appeal is a definitive determination of its appealability, thus this court is barred from dismissing this appeal by the doctrine of law of the case. This contention…