Shane

Code of Civil Procedure section 877.6 provides a procedure whereby a party to an action in which it is alleged that two or more parties are joint tortfeasors may obtain a summary determination of the good faith vel non of a settlement by one or more such alleged tortfeasors, The question dispositive of the instant proceeding is whether in making such a determination the court may issue a declaration that its determination bars a claim asserted in another independent action which is not before the court for adjudication. We hold such an order exceeds the court’s jurisdiction and authority, as conferred by section 877.6 and otherwise. In so deciding, we address and seek to elucidate existing procedural confusion regarding the proper method for effectuating the statute’s mandate that a determination of a good faith settlement “bars” certain claims for indemnity and contribution against the settling tortfeasor.

I. Facts and Proceedings Below

Petitioner David Shane (Shane) is a party to two complicated civil actions pending in different branches of the Los Angeles County Superior Court. The first action, filed December 30, 1982, and entitled Paul V. Spencer et al. v. Kenneth…