Legal Opinion
Peter Culley & Associates v. Superior Court
California Court of Appeal
Decided November 17, 1992No. A057040PublishedCited by 49 opinions
1Opinion of the Court
Opinion
WERDEGAR, J.
Code of Civil Procedure section 877.6 1 provides a defensive procedure by which a settling joint tortfeasor or co-obligor may extricate itself from a lawsuit and bar actions for equitable indemnity by remaining joint tortfeasors or co-obligors. The central element in section 877.6 is a finding by the court that the settlement was entered in good faith.
Good faith may also play a limited role in an action brought to enforce a contractual right to indemnification. Civil Code section 2778, subdivision 5 states that, if the person indemnifying neglects to defend the person…
2Cases cited26 opinions
- Tech-Bilt, Inc. v. Woodward-Clyde & AssociatesCalifornia Supreme Court · 1985
- Rossmoor Sanitation, Inc. v. Pylon, Inc.California Supreme Court · 1975
- E. L. White, Inc. v. City of Huntington BeachCalifornia Supreme Court · 1978
- Isaacson v. California Insurance Guarantee Ass'nCalifornia Supreme Court · 1988
- Abbott Ford, Inc. v. Superior CourtCalifornia Supreme Court · 1987
21 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Linear Technology Corp. v. Applied Materials, Inc.California Court of Appeal · 2007
- Pruyn v. Agricultural InsuranceCalifornia Court of Appeal · 1995
- Arntz Contracting Co. v. St. Paul Fire & Marine InsuranceCalifornia Court of Appeal · 1996
- Crawford v. Weather Shield Mfg., Inc.California Supreme Court · 2008
- Heppler v. J.M. Peters Co.California Court of Appeal · 1999
44 more not listed; retrieve them via the Exa API.