BREHM COMMUNITIES et al., Petitioners,
v.
The SUPERIOR COURT of Orange County, Respondent;
Dick E. Caldwell et al., Real Parties in Interest.
BDO Seidman, LLP, Petitioner,
The Superior Court of Orange County, Respondent;
v.
Dick E. Caldwell et al., Real Parties in Interest.
Court of Appeals of California, Fourth District, Division Three.https://leagle.com/images/logo.png
April 24, 2001.
As Modified May 22, 2001.
Attorney(s) appearing for the Case
Gray Cary Ware & Freidenrich, Terry D. Ross, Kathryn E. Kareher, David Q. McClure, San Diego, and Tali M. Tuchin for Petitioners Brehm Communities and Forrest "Woody" Brehm.
Morrison & Foerster, Donald D. Dickerson, William B. Grenner and Paul V. McLaughlin, Irvine, for Petitioners Arter & Hadden, LLP, Ronald Warner, David Decker, and Bruce H. Newman.
Sedgwick, Detert, Moran & Arnold, Gregory H. Halliday, Irvine, and Deborah L. O'Connor for Petitioners Squar, Milner & Reehl and Richard Squar.
Alschuler Grossman Stein & Kahan, Bruce A. Friedman, Michael L. Cypers and David B. Dreyfus, Los Angeles, for Petitioner BDO Seidman, LLP.
Munger, Tolles & Olson, Dennis E. Kinnaird, Rita J. Miller and Jose F. Sanchez, Los Angeles, for Petitioners Palmieri, Tyler, Weiner, Wilhelm & Waldron, LLP and George Wall.
No appearance for Respondent.
Law Offices of Floyd R. Brown, Floyd R. Brown, Carlsbad; Grant, Williams, Lake & Dangerfield, Merwin D. Grant and Jace D. McKeighan for Real Parties in Interest Dick E. Caldwell, Mary E. Cerino, M. Gordon Dittemore, Angus Duncan, Bruce Rogers, and Harvey G. Sinesio.
Latham & Watkins, Robert E. Currie, Costa Mesa, and Allison M. Chock for Real Parties in Interest National Investors Financial Inc., L.C. Albertson, Jr., American Family Holdings, Inc., James N. Orth, Susan B. Orth, Estate of David G. Lasker, Charles F. Hanson, James G. Le Sieur III, Dudley Muth, J-Pat, L.P., and The Yale Partnership for Growth and Development, L.P.
Court of Appeals of California, Fourth District, Division Three.
OPINION
RYLAARSDAM, J.
In ordering the trial court to vacate an order finding a settlement to be in good faith under Code of Civil Procedure section 877.6 (all further statutory references are to this code except as otherwise noted), we hold that settling parties must present competent evidence of the value of nonmonetary consideration to be transferred by them, and that the value of this consideration must be reduced by the value of any consideration passing...
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