Armstrong World Industries, Inc. v. Superior Court

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 recovery against nonsettling defendants proportionately.

We determine that by operation of section 877, subdivision (a), a waiver of litigation costs by a settling defendant effects a reduction in the liability of nonsettling defendants in…