GAUSS v. GAF CORP.

Nos. A091299, A091308, A092647.

127 Cal.Rptr.2d 370 (2002)

103 Cal.App.4th 1110

Marjorie GAUSS, et al., Plaintiffs and Respondents, v. GAF CORPORATION, Defendant and Appellant. Carter Haught, Plaintiff and Respondent, v. GAF Corporation, Defendant and Appellant. In re Complex Asbestos Litigation.

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

As Modified on Denial of Rehearing December 23, 2002.

Review Denied March 19, 2002.


Attorney(s) appearing for the Case

Seth A. Ribner, Los Angeles, David J. Woll, Linda H. Martin, Santa Ana, Simpson, Thacher & Barlett, Counsel for Appellant GAF Corporation.

Nicholas DeWitt, Kelly C. Fitzgerald, Steven F. Raspe, Los Angeles, DeWitt & Roberts, LLP, Counsel for Appellant G-I Holdings, Inc.

David McClain, Dianna Lyons, James L. Oberman, Oakland, Kazan, McClain, Edises, Abrams, Fernandez, Lyons & Farrise, Counsel for Respondents Marjorie Gauss, et al, and Fred Price, et al.

Lisa L. Oberg, Camille K. Fong, San Francisco, McKenna & Cuneo, LLP, William F. Sheehan, Shea & Gardner, Counsel for Respondents Certainteed Corporation, Maremont Corporation, and Union Carbide Corporation.

Scott R. Carpenter, Irvine, Palmieri, Tyler, Wiener, Wilhelm & Waldron, LLP, Ronald B. Rubin, Rubin & Rubin, Counsel for Respondents Pfizer, Inc. and Quigley Company, Inc.


Certified for Partial Publication.*

PARRILLI, J.

These consolidated appeals raise a question about the enforceability of mass tort settlements under Code of Civil Procedure section 664.6.1 Specifically, can section 664.6 be used to enforce a settlement that was signed by a party's agent, rather than the party itself, when the agent had sole and exclusive authority to settle claims on the party's behalf...

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