Payne

Payne v. County of Calaveras

Good Law
United States District Court, Eastern District of CaliforniaNovember 22, 20221:17-cv-00906California1,083 words

Opinion

trial_court Opinion

I. INTRODUCTION

17 18 On November 10, 2022, Plaintiff Coleman Payne, Defendants County of Calaveras, County 19 of Calaveras Sheriff’s Department, Sergeant John Bailey, Captain Eddie Bailey, and Lieutenant Tim 20 Strum (collectively referred to hereinafter as the “Calaveras County Defendants”) and Defendants 21 California Forensic Medical Group, Doctor Marsha McKay, and Joy Lynch (collectively referred to 22 hereinafter as the “CFMG Defendants”) filed a stipulation that Plaintiff’s settlement agreement with 23 the Calaveras County Defendants was made in good faith under section 877.6 of the California Code 24 of Civil Procedure (the “Stipulation”). The matter was referred to the undersigned pursuant to 28 25 U.S.C. § 636(b)(1)(B). As discussed below, the undersigned recommends the Stipulation be 26 approved. 27 II. DISCUSSION 28 California Code of Civil Procedure section 877.6 provides that any settling party in an action 1 in which it is alleged that there are two or more tortfeasors may seek a court’s determination that 2 the settlement was made in good faith. See Tech-Bilt, Inc. v. Woodward-Clyde & Assocs., 38 Cal. 3 3d 488,…

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