Legal Opinion
Torres v. Union Pacific Railroad
California Court of Appeal
Decided June 22, 1984No. Civ. 66792PublishedCited by 40 opinions
1Opinion of the Court
Opinion
THOMPSON, Acting P. J.
This case calls upon us to define the term “good faith” as it is used in Code of Civil Procedure sections 877 and 877.6. Specifically, we must decide whether a settlement is in “good faith” when it is “too cheap,” i.e., when it allows the settling codefendant to escape from the litigation without paying his fair share of the damages. We find that the standard of “good faith” is not met when a codefendant’s settlement price is grossly disproportionate to his fair share of the damages. However, we find that the settlements at issue here involve no such gross…
2Cases cited11 opinions
- American Motorcycle Assn. v. Superior CourtCalifornia Supreme Court · 1978
- Owen v. United StatesCourt of Appeals for the Ninth Circuit · 1983
- River Garden Farms, Inc. v. Superior CourtCalifornia Court of Appeal · 1972
- Commercial Union Insurance Company v. Ford Motor CompanyCourt of Appeals for the Ninth Circuit · 1981
- Fisher v. Superior CourtCalifornia Court of Appeal · 1980
6 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Tech-Bilt, Inc. v. Woodward-Clyde & AssociatesCalifornia Supreme Court · 1985
- Abbott Ford, Inc. v. Superior CourtCalifornia Supreme Court · 1987
- Toyota Motor Sales U.S.A., Inc. v. Superior CourtCalifornia Court of Appeal · 1990
- Federal Savings And Loan Insurance Corporation v. David L. ButlerCourt of Appeals for the Ninth Circuit · 1990
- Gum v. DudleyWest Virginia Supreme Court · 1997
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