California Court of Appeal

In a construction defect case where plaintiffs settled with some defendants for amount exceeding damages later awarded by trial judge against remaining defendants, judgment reducing damages to zero and determination that remaining defendants were prevailing parties as they would pay nothing under the judgment is affirmed. Under Code of Civil Procedure section 877, the amount paid in settlement should be used to offset the award against the remaining defendant. A plaintiff obtaining a net zero judgment as a result of section 877 is not entitled to prevailing party status under Code of Civil Procedure section 1032.

Appellate Information

• Decided 02/08/2008
• Published 02/08/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Silverstein & Huston, Steven A. Silverstein, Mark W. Huston and Robert I. Cohen for Plaintiffs and Appellants.


• For Appellees:
  
• Law Offices of Craig D. Weinstein and Craig D. Weinstein, Manhattan Beach;  Spierer, Woodward, Corbalis & Goldberg and Stephen B. Goldberg for Defendants and Respondents.