Can a writ petition be used to review a good faith settlement determination?

California, United States of America


The following excerpt is from Maryland Casualty Co. v. Andreini & Co. of Southern CA, 81 Cal.App.4th 1413, 97 Cal.Rptr.2d 752 (Cal. App. 2000):

The use of the words "may petition," together with "shall be filed," suggests that a writ petition might not be the exclusive means of reviewing a good faith settlement determination. "[T]he word 'may' is ordinarily construed as permissive, whereas 'shall' is ordinarily construed as mandatory, particularly when both terms are used in the same statute." (Common Cause v. Board of Supervisors (1989) 49 Cal.3d 432, 443.) While section 877.6(e) seemingly does not foreclose review on a postjudgment appeal, it does make plain that if a party decides to seek prejudgment relief, the writ petition must comply with the statute's 20-day time limitation. In any event, given that section 877.6(e) does not bar postjudgment review on its face, we turn to the statute's legislative history.10

Other Questions


On appeal, can the court conduct an independent review of the transcript of the in camera hearing and the records reviewed by the trial court to determine whether any records were improperly withheld? (California, United States of America)
What is the standard of review for a finding as to whether evidence was destroyed in good faith or bad faith? (California, United States of America)
Does a juvenile court hearing determine whether a minor should be tried as an adult prior to a determination that the minor's guilt should be determined? (California, United States of America)
Can an appellate court review a determination of the entitlement to fees in a judgment even if there is no postjudgment order determining the amount of fees? (California, United States of America)
What is the test for a judge to determine whether or not to grant a motion for judicial review of a motion requiring a judicial review? (California, United States of America)
Is a court's order granting or denying a petition under section 946.6 review the same standard of review used in relief from default proceedings? (California, United States of America)
What is the standard of review applied by a reviewing court to determine that a sentence is cruel and unusual? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
What is the test for good faith in determining whether a portion of a plaintiff's settlement should be included in the setoff? (California, United States of America)
What is the effect of a judicially determined good faith settlement on a pending action or claim? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.