Marteney

Marteney v. Elementis Chems. Inc.

Bad Law
240 Cal. Rptr. 3d 1·28 Cal. App. 5th 862
Court of Appeal of CaliforniaOctober 5, 2018B283411California8,387 words

Opinion

Lead Opinion

Manella, J.

*7 *867 In the underlying action, Marty and Marie Marteney prevailed on their personal injury and loss of consortium claims against appellant Elementis Chemicals, Inc. (Elementis). While Elementis's appeal from the judgment on those claims was pending, Marty Marteney died, and respondents became parties to the action in order to assert wrongful death claims against Elementis. After a jury found that respondents were entitled to damages, the trial court determined Elementis's liability for damages in light of prior settlements ( Code Civ.Proc., § 877 ), 1 and rendered a judgment in respondents' favor. Elementis contends the court lacked jurisdiction to enter that judgment, and erred in valuing the settlement credits to which Elementis was entitled. We reject those contentions and affirm.

RELEVANT FACTUAL AND PROCEDURAL BACKGROUND

Respondents Bruce Marteney, Steve Marteney, and Chrystal Dahlstein are the adult children of Marty and Marie, who were the original plaintiffs in the underlying action. 2 We summarize the proceedings culminating in the judgment in favor of Marty and Marie before describing the events relevant to the appeal before us.

A. Trial and Judgment on Original…

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