MEDIPLEX OF CALIFORNIA, INC. v. SUPERIOR COURT

Docket No. D022497.

34 Cal.App.4th 748 (1995)

40 Cal. Rptr.2d 397

MEDIPLEX OF CALIFORNIA, INC., Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; CASA DE LAS CAMPANAS et al., Real Parties in Interest.

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

May 1, 1995.


Attorney(s) appearing for the Case

COUNSEL

Balestreri, Dorigan & Pendleton, Thomas A. Balestreri, Jr., Mary B. Pendleton and Michael M. Freeland for Petitioner.

No appearance for Respondent.

Wingert, Grebing, Anello & Brubaker, Charles R. Grebing, Robert L. Johnson, John S. Addams, Sheppard, Mullin, Richter & Hampton, Richard M. Freeman and John A. Yacovelle for Real Parties in Interest.


OPINION

NARES, J.

In this case, we are asked to decide whether a nonsettling defendant who opposes a good faith settlement motion is entitled to see the settlement agreement. We conclude a nonsettling defendant has a right to review the agreement notwithstanding the settlors' protests that the confidential terms and contingencies do not affect the offset. The nonsettling defendant must be given an opportunity to determine independently...

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