Housing Group v. Superior Court
Opinion
Opinion
Dossee, J.
Background
Petitioner, The Housing Group (THG), Hugh B. Brewster Consulting Engineers, Inc., and Hugh B. Brewster (collectively Brewster) are among many defendants in a suit brought by the Homeowners Association of the Seaview Community and other named plaintiffs (collectively Homeowners). THG filed a cross-complaint which sought indemnity from Brewster not only for THG’s potential liability in the Homeowners action, but also for moneys paid by THG to the “Hofstrand Plaintiffs” and the “Nutt Plaintiffs” in prior lawsuits against THG and Brewster. None of the Hofstrand and Nutt plaintiffs are parties in the Homeowners action.
In an order determining that a settlement between Homeowners and Brewster was made in good faith (Code Civ. Proc., § 877.6), respondent superior court dismissed the cross-complaint. THG contends (1) respondent court erred procedurally when it ordered the dismissal in conjunction with the good faith hearing; and (2) in any case a good faith settlement is not a bar to a nonsettling tortfeasor’s claim for indemnity against the settling tortfeasor where, as here, the indemnity claim concerns a separate lawsuit involving different plaintiffs.