Minnesota Mining & Manufacturing Co. v. Superior Court

Petitioner, a defendant in a civil action, challenges the Alameda County Superior Court’s ruling confirming a settlement between plaintiff and a codefendant. (Code Civ. Proc., § 877.6.) In deciding whether to confirm the settlement, the court performed a mathematical calculation to determine the “ballpark” for the settling defendant. But a significant error of law was made in establishing one of the factors for that calculation. We issue a writ of mandate to vacate the court’s order.

For purposes of our opinion we need not belabor the facts and procedures. We focus directly upon the court’s order granting the motion confirming a good faith settlement between plaintiff Maximum Technology (MaxiTech hereinafter) and defendant Robert A. D. Schwartz (Schwartz hereinafter). Although MaxiTech has sued Schwartz and other defendants, including petitioner, for over $2 million, MaxiTech settled with Schwartz for $20,000. In a written decision, the court approved the settlement and explained the steps in its analysis. 1 We focus on only one step, because it reveals a fatal error in the court’s approach.

*1028 Recovery by MaxiTech against Schwartz depends upon MaxiTech being able to…