California, United States of America
The following excerpt is from Ehret v. Congoleum Corp., 73 Cal.App.4th 1308, 87 Cal.Rptr.2d 363 (Cal. App. 1999):
The absence of a court approved pretrial allocation of a settlement between economic and noneconomic damages does not preclude a court from making a post-verdict allocation. (Greathouse v. Amcord, Inc. (1995) 35 Cal.App.4th 831, 840-841, 41 Cal.Rptr.2d 561; see, Poire, supra, 39 Cal.App.4th 1832, 1840-41, 46 Cal.Rptr.2d 631 [rejecting the argument that a nonsettling defendant lost the right to seek allocation of a pretrial settlement between economic and noneconomic damages by not raising the issue when the court approved the settlement as being in good faith].) Some allocation of an undifferentiated settlement between economic and noneconomic damages is required because only the amount attributable to the joint responsibility for economic damages may be used as an offset.
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