EVERMAN v. SUPERIOR COURT

Docket No. D016019.

8 Cal.App.4th 466 (1992)

10 Cal. Rptr.2d 176

THOMAS F. EVERMAN et al., Petitioners, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; CITY OF ENCINITAS et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division One.

July 28, 1992.


Attorney(s) appearing for the Case

COUNSEL

Virginia R. Gilson, McInnis, Fitzgerald, Rees, Sharkey & McIntyre, William M. Low and Darin J. Boles for Petitioners.

No appearance for Respondent.

Daly & Heft, Robert R. Heft, Mitchell D. Dean, William D. Brown, Hammett & Whitson, Michael K. Newlee, Haasis, Pope & Correll, Susan J. Gill and William A. Calders for Real Parties in Interest.


OPINION

TODD, J.

We are asked to decide whether the trial court abused its discretion in denying a motion for determination of good faith settlement under circumstances in which two of four defendants settle with the plaintiffs on condition one of the settling defendants remains in the lawsuit and participates at trial as a defendant. The court expressly disavowed as its bases for denying the motion that the settlement (1) was "not...

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