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TORRES v. UNION PACIFIC R.R. CO.

Docket No. 66792.

157 Cal.App.3d 499 (1984)

203 Cal. Rptr. 825

PABLO S. TORRES, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, Defendant, Cross-complainant and Appellant; A.H. BOTTORFF COMPANY et al., Defendants, Cross-complainants and Appellants.

Court of Appeals of California, Second District, Division Seven.

June 22, 1984.

Attorney(s) appearing for the Case

COUNSEL

Cummins & White, Joseph H. Cummins, Marshall W. Vorkink, Richard J. Wynne and James V. Shepherd for Defendant, Cross-complainant and Appellant Union Pacific Railroad Company.

Anderson, McPharlin & Conners, Thomas J. Casamassima and Eric N. Winter for Defendants, Cross-complainants and Appellants A.H. Bottorff Company and J.C. Hallman Manufacturing Company.

OPINION

THOMPSON, Acting P.J.

This case calls upon us to define the term "good faith" as it is used in Code of Civil Procedure sections 877 and 877.6. Specifically, we must decide whether a settlement is in "good faith" when it is "too cheap," i.e., when it allows the settling codefendant to escape from the litigation without paying his fair share of the damages. We find that the standard...

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