Cahill

Cahill v. San Diego Gas & Electric Co.

Bad Law
124 Cal. Rptr. 3d 78·194 Cal. App. 4th 939·2011 Cal. App. LEXIS 494
Court of Appeal of CaliforniaApril 27, 2011No. D057024California12,630 words

Opinion

Lead Opinion

McDonald, J.

Defendant and cross-complainant San Diego Gas & Electric Company (SDGE) appeals an order dismissing its cross-complaint for equitable indemnity against cross-defendants Maurice Maio, David Zeiger, and Nantasket Court Condominium Association (collectively Owners) after the trial court found that Owners’ $25,000 settlement with plaintiff Shane Alan Cahill was made in good faith within the meaning of Code of Civil Procedure section 877.6. 1 On appeal, SDGE contends the trial court abused its discretion by granting Owners’ section 877.6 motion and dismissing its cross-complaint because, applying the relevant factors set forth in Tech-Bilt, *944 Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488 [ 213 Cal.Rptr. 256 , 698 P.2d 159 ] (Tech-Bilt), no rational trial court could conclude the settlement was made in good faith and insufficient evidence supports the trial court’s findings. SDGE also asserts the trial court erred by denying its separate motion for summary judgment against Cahill.

FACTUAL AND PROCEDURAL BACKGROUND

Maio owns 3566 Bay side Walk and Zeiger owns 3568 Bay side Walk, residences that constitute a two-unit Mission Beach condominium project (Property)…

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