Everman

We are asked to decide whether the trial court abused its discretion in denying a motion for determination of good faith settlement under circumstances in which two of four defendants settle with the plaintiffs on condition one of the settling defendants remains in the lawsuit and participates at trial as a defendant. The court expressly disavowed as its bases for denying the motion that the settlement (1) was “not economically appropriate in that the assets of the settling defendants are not existent over and above their insurance proceeds,” or (2) was collusive in the normal sense of the term. Instead, the court found the settlement was “collusive in the sense that it is not above board when you have a person who is insulated from further liability, who is fully settled, sitting in a case, in a sense taking a position on behalf of the plaintiff.” In this proceeding the main thrust of the parties’ arguments is upon the propriety of the trial court’s determination as quoted immediately above, that is, its determination that the settlement meets the test set forth in Tech-Built, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499-500 [ 213 Cal.Rptr. 256 , 698…