Erreca's

Erreca's v. SUPERIOR COURT OF SAN DIEGO CTY.

Good Law
19 Cal. App. 4th 1475·24 Cal. Rptr. 2d 156
Court of Appeal of CaliforniaNovember 2, 1993Docket Nos. D019194, D019248California11,227 words

Opinion

Opinion

Huffman, J.

issues raised by these petitions focus our attention upon the two competing policies established by Code of Civil Procedure sections 877 and 877.6, which govern “the effect that a settlement agreement has on a settling defendant’s potential liability to other defendants for contribution or comparative indemnity” (Abbott Ford, Inc. v. Superior Court (1987) 43 Cal.3d 858, 871-872 [ 239 Cal.Rptr. 626 , 741 P.2d 124 ]) (hereafter Abbott Ford): (1) The equitable sharing of costs among the parties at fault and (2) the encouragement of settlements. (Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 494-496 [ 213 Cal.Rptr. 256 , 698 P.2d 159 ] [hereafter Tech-Bilt].) In these consolidated petitions for writ of mandate, Erreca’s and Barry Stone & Associates (Stone), as nonsettling defendants, challenge certain aspects of the trial court’s order granting approval of a good faith settlement between plaintiffs Calle Ryan Homeowners Association (HOA) and homeowner class representatives (collectively plaintiffs) and the developers of their single-family homes, Spyglass Venture, Greens Associates, MRL, Inc., Patrick Construction Corporation, and Glenfed Development…

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