Toyota Motor Sales U.S.A., Inc. v. Superior Court

Good Law
220 Cal. App. 3d 864·269 Cal. Rptr. 647
Court of Appeal of CaliforniaMay 22, 1990B047423California5,216 words

Opinion

Opinion

Croskey, J.

Petitioner, Toyota Motor Sales U.S.A., Inc. (Toyota), seeks a writ of mandate directing the respondent court to vacate its order finding in good faith (Code Civ. Proc., § 877.6) a settlement between the plaintiff and defendants Numero Uno No. 12, Yang Hai Lee and Meichung Tang Lee (collectively Lee). As it appears from this record that the trial court’s ruling was based entirely on a conclusion regarding Lee’s potential liability for plaintiff’s injuries which is not supported by substantial evidence, we grant the writ.

Factual and Procedural Background

At least for purposes of the matter before us, there is no real dispute as to the relevant facts. The record presented by the parties reflects that this case arises from a rear-end automobile accident which occurred on August 28, 1987, in the city of Torrance, California. Defendant Christopher Heard (Heard), while delivering a pizza from Numero Uno No. 12, a pizza franchise owned by Lee, so operated his vehicle as to cause it to collide with the rear of plaintiff’s vehicle. As a result, plaintiff sustained damages which included $13,000 in medical expenses and $900 in property damage.

On July 8, 1988, plaintiff filed…

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