Mill Valley Refuse Co. v. Superior Court

Opinion

CALDECOTT, P. J.

We are concerned on this petition with two joint tortfeasors each of whom settled in good faith with the plaintiff in the underlying action before verdict or judgment. The question presented is whether Code of Civil Procedure section 877, subdivision (b) protects each tortfeasor from contribution or comparative indemnity from the other tortfeasor. We hold that each tortfeasor is protected.

[709]

The accident which gave rise to the subject action occurred on December 2, 1977. Catherine Chasse, the plaintiff, was a passenger in an automobile driven by cross-complainant Julia Dias, which collided with a Mill Valley Refuse Company truck driven by Benjamin Guice. Catherine Chasse filed her complaint on July 21, 1978. The complaint named as defendants Mill Valley Refuse Company, Benjamin Guice and Julia Dias. Julia Dias filed a cross-complaint against Mill Valley and Benjamin Guice on August 23, 1978, for equitable comparative indemnity.

On or about August 14, 1979, Julia Dias settled the claim of the plaintiff against her for $13,000. On September 27, 1979, apparently the day set for trial, the refuse company and Benjamin Guice settled with plaintiff for $5,000.

On January 18, 1980, petitioners Mill Valley Refuse Company and Benjamin Guice filed a motion for summary judgment on the ground that the cross-complaint of Julia Dias, was barred by Code of Civil Procedure section 877, subdivision (b).

The motion for summary judgment was denied by the trial court on or about February 11, 1980, in an order citing

Weiss

v.

Field

(Cal.App.).

Mill Valley Refuse Company and Benjamin Guice

1

filed this petition for a writ of mandate, naming Dias as real party in interest and asking that this court direct respondent superior court to dismiss a cross-complaint for indemnity against them on the ground that under the provisions of Code of Civil Procedure section 877, subdivision (b), their settlement with the plaintiff discharges them from any contribution to any other tortfeasor.