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MILL VALLEY REFUSE CO. v. SUPERIOR COURT

Docket No. 49054.

108 Cal.App.3d 707 (1980)

166 Cal. Rptr. 687

MILL VALLEY REFUSE COMPANY et al., Petitioners, v. THE SUPERIOR COURT OF MARIN COUNTY, Respondent; JULIA DIAS, Real Party in Interest.

Court of Appeals of California, First District, Division Four.

July 29, 1980.

Attorney(s) appearing for the Case

COUNSEL

James D. Biernat and Richard B. Barrett for Petitioners.

No appearance for Respondent.

L. Lawrence Bernheim, Spridgen, Barrett, Achor, Luckhardt, Anderson & James, F. Elaine Malisch and Michael G. Watters for Real Party in Interest.

OPINION

CALDECOTT, P.J.

We are concerned on this petition with two joint tortfeasors each of whom settled in good faith with the plaintiff in the underlying action before verdict or judgment. The question presented is whether Code of Civil Procedure section 877, subdivision (b) protects each tortfeasor from contribution or comparative indemnity from the other tortfeasor. We hold that each tortfeasor is protected.

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