Motion for Determination of Good Faith Settlement (CA) | Practical Law

Motion for Determination of Good Faith Settlement (CA) | Practical Law

A Practice Note explaining how a settling party in a case involving two or more joint tortfeasors or co-obligors on a contract debt may seek the court's determination under California Code of Civil Procedure Section 877.6 that the settlement is in good faith. This Note discusses which settlements are eligible for a good-faith determination, timing issues for settling and requesting the court's approval, reasons for seeking a finding of good faith, what constitutes good faith, the motion procedure and alternative application procedure for obtaining the court's approval, and how nonsettling defendants can contest good faith. This Note also explains the legal effects of the court finding a good faith settlement.

Motion for Determination of Good Faith Settlement (CA)

Practical Law Practice Note w-038-8768 (Approx. 23 pages)

Motion for Determination of Good Faith Settlement (CA)

by Practical Law Litigation
MaintainedCalifornia
A Practice Note explaining how a settling party in a case involving two or more joint tortfeasors or co-obligors on a contract debt may seek the court's determination under California Code of Civil Procedure Section 877.6 that the settlement is in good faith. This Note discusses which settlements are eligible for a good-faith determination, timing issues for settling and requesting the court's approval, reasons for seeking a finding of good faith, what constitutes good faith, the motion procedure and alternative application procedure for obtaining the court's approval, and how nonsettling defendants can contest good faith. This Note also explains the legal effects of the court finding a good faith settlement.