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ARMSTRONG WORLD INDUSTRIES v. SUPERIOR COURT

Docket No. B042228.

215 Cal.App.3d 951 (1989)

264 Cal. Rptr. 39

ARMSTRONG WORLD INDUSTRIES, INC., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; MORAN CONSTRUCTION COMPANY et al., Real Parties in Interest.

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

November 16, 1989.

Attorney(s) appearing for the Case

COUNSEL

Munger, Tolles & Olson, Stephen M. Kristovich and M. Edward Whelan III for Petitioner.

No appearance for Respondent.

William M. Harmon, Ryan, Feldman & Brzoviv, Lana Feldman and Joseph J. Ryan for Real Parties in Interest.

OPINION

WOODS (A.M.), P.J.

This original proceeding in mandate presents the narrow "good-faith settlement" issue of whether a defendant tortfeasor's waiver of litigation costs in settling with a plaintiff constitutes "consideration paid" for the settlement within the meaning of section 877 of the Code of Civil Procedure,1 so as to reduce plaintiff's total...

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