Misale

Cross-complainant Golden Bear Forest Products, Inc. (Golden Bear) appeals from a judgment dismissing Dominic Misale (Misale) as a cross-defendant pursuant to Code of Civil Procedure sections 877 and 877.6.

*575 The action upon which the cross-complaint is based arose out of an incident which resulted in serious bodily injury to Ramon Mandujano. Mandujano was in his tent at the King Sol Campground owned by Canyon Park, Inc., and located near the CEDU Foundation, a rehabilitation school. Two wards of CEDU, Dominic Misale and Jon Edmondson, rolled a large truck tire down a hillside into the campground, striking Mandujano. Mandujano and his wife (plaintiffs) filed suit naming as defendants Canyon Park, Inc., CEDU, Golden Bear, and by subsequent amendment, Dominic Misale.

Golden Bear filed both an answer to the complaint and a cross-complaint for indemnity naming as cross-defendants Canyon Park, Inc., CEDU, and by subsequent amendment, Misale.

Thereafter plaintiffs and CEDU negotiated a settlement in an amount exceeding $1 million which purported to cover not only the liability of CEDU but also that of Misale. The lengthy negotiations leading up to the settlement involved…