Schultz
Schultz v. Superior Court
Opinion
Lead Opinion
McClosky, J.
This petition was filed March 13, 1980, requesting this court to issue a writ of mandate to compel the superior court in Los Angeles Superior Court case No. SWC 29079 to give a particular instruction on the burden of proof on the issue of whether or not the settlement entered into between defendant Norma Jean Schultz and plaintiff Frank A. Fisher was in good faith within the meaning of Code of Civil Procedure section 877, subdivision (b), and American Motorcycle Assn. v. Superior Court (1978) 20 Cal.3d 578 [ 146 Cal.Rptr. 182 , 578 P.2d 899 ].
At the time this petition was filed there were then pending two other petitions for writs arising out of the same superior court case No. SWC 29079. These were, respectively, Fisher v. Superior Court and Schultz v. Superior Court (1980) 103 Cal.App.3d 434 [ 163 Cal.Rptr. 47 ]. We *252 filed our opinion in those cases on March 14, 1980, which opinion we modified on March 31, 1980.
Ford Motor Company, real party in interest, having filed opposition to the March 13 petition, and the matter having been argued orally by all parties at a special expedited hearing held on March 31, 1980, and it having been stipulated by all parties that…