Legal Question in Civil Litigation in California
In a multiple defendant lawsuit, can the plaintiff settle with one defendant, utilize them as a witness and still pursue claims against the other defendants.
4 Answers from Attorneys
Yes, but the other defendants can ask the court to reject the settlement as being unfair because that defendant is not paying their reasonable share of the likely damages.
Mr. Shers is incorrect. It is perfectly permissible, and even common, to settle with one or more defendants while continuing to pursue claims against the others, but it is not up to the other defendants to ask the court anything. If the settling defendant wants to escape claims for indemnity or contribution from the non-settling defendants, the burden is on the settling defendant to bring a motion asking the court to find that the settlement is a good faith settlement and within the "ballpark" of the settling defendant's share of liability. If the settling defendant does not make such a motion the settlement is still entirely valid, but the settling defendant may wind up having to pay more later.
Yes, I agree with Mr. McCormick. The burden is on the settling defendant to file a motion for a determination of a good faith settlement. If granted, it bars actions against it by the remaining defendants.
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