Doose Landscape, Inc. v. Superior Court

Opinion

BENKE, Acting P. J.

Doose Landscape, Inc. (Doose) seeks a writ of mandate after the court granted Park Row Community Association’s (Park Row) motion to determine good faith settlement and bar all cross-complaints for indemnity against Park Row. Because we conclude that Code of Civil

[1700]

Procedure section 877.6

1

does not afford protection from cross-claims against a settling plaintiff, we grant the petition with respect to the court having barred Doose’s cross-claims against Park Row.

Factual and Procedural Background

In this action Park Row sued the developer, Pardee Construction Company (Pardee), for construction defects at the condominium project. Doose had performed landscaping work on the project pursuant to contract with Pardee. Pardee cross-complained for indemnity against multiple subcontractors including Doose. Doose in turn cross-complained, inter alia, against Pardee and Park Row for indemnity. As to Park Row, it is Doose’s position that if the landscaping contributed to damage at the condominium project, it was caused by the negligence of Park Row through its mismanagement and failure to maintain the landscaping.

Park Row and Pardee stipulated to a settlement procedure whereby they would settle for an amount to be determined by a referee and a reviewing retired judge. The agreement provided for a minimum award of $1.5 million and a maximum award of $3.5 million. The amount awarded was in excess of $3.5 million. The award resulted in a settlement whereby Pardee was to pay Park Row $3.5 million upon a determination the settlement was in good faith.

Park Row moved for a determination of good faith settlement pursuant to sections 877 and 877.6 and to bar all cross-complaints for indemnity against Park Row pursuant to section 877.6, subdivision (c). The court granted the motion. Doose, joined by Christian & Letner Roofing Company, Inc., another subcontractor, petitioned this court for a peremptory writ directing the court to vacate its order determining the settlement to be in good faith and barring cross-defendants’ claims against Park Row for equitable indemnity and equitable comparative contribution.