What is the test for adjudication that a settlement was made in "good faith" under Code of Civil Procedure section 877 and 877.6?

California, United States of America


The following excerpt is from Heppler v. J.M. Peters Co., 73 Cal.App.4th 1265, 87 Cal.Rptr.2d 497 (Cal. App. 1999):

It is precisely because these two terms superficially seem to connote the same meaning that we cannot lose sight of the fact that "good faith" is a term of art in the context of Code of Civil Procedure sections 877 and 877.6. An adjudication that a settlement was made in "good faith" under Code of Civil Procedure sections 877 and 877.6 bars cross-complaints against the settling parties and provides an offset to nonsettling tortfeasors against their remaining liability. (Gouvis Engineering v. Superior Court, supra, 37 Cal.App.4th at p. 648, 43 Cal.Rptr.2d 785.) Code of Civil Procedure

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