What is the presumption of fairness when a settlement is reached in a personal injury case?

A presumption of fairness arises where "(1) the settlement is reached through arm's-length bargaining; (2) investigation and discovery are sufficient to allow counsel and the court to act intelligently; (3) counsel is experienced in similar litigation; and (4) the percentage of objectors is small." (Dunk, supra, 48 Cal.App.4th at p. 1802; accord, Luckey v. Superior Court, supra, 228 Cal.App.4th at p. 94.) Courts have cautioned, however, that "this is only an initial presumption; a trial court's

Page 24