Does a good faith settlement between economic and noneconomic damages need to be allocated post-trial?

California, United States of America


The following excerpt is from Rashidi v. Moser, B237476 (Cal. App. 2015):

As we have noted, in this case there was no allocation between economic and noneconomic damages in either of the good faith settlements.3 "The absence of a court approved pretrial allocation of a settlement between economic and noneconomic damages does not preclude a court from making a postverdict allocation. [Citations.] Some allocation of an undifferentiated settlement between economic and noneconomic damages is required because only the amount attributable to the joint responsibility for

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economic damages may be used as an offset." (Ehret v. Congoleum Corp. (1999) 73 Cal.App.4th 1308, 1320.)

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