What is the burden of proving that a settlement was made in good faith?
California, United States of America
The following excerpt is from Ford Motor Co. v. Schultz, 147 Cal.App.3d 941, 195 Cal.Rptr. 470 (Cal. App. 1983):
"Upon the trial of the 'good faith' settlement issue, the burden of proving that there has been a settlement is on the settlor who asserts that settlement as a bar to all claims for contribution or comparative (equitable) indemnity by any other tortfeasor. Proving the settlement is not ordinarily a problem. Once there is a showing made by the settlor of a settlement, we are of the opinion that the burden of proof on the issue of 'good faith' shifts to the nonsettling tortfeasor who asserts the claim that the settlement was not made in good faith." (Fisher v. Superior Court, supra, 103 Cal.App.3d 434, 447, 163 Cal.Rptr. 47.)
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