California Court of Appeal

Trial court judgment ordering plaintiffs to execute and deliver a partial satisfaction of judgment is affirmed where: 1) Code of Civil Procedure sec. 877 is not applicable as it applies only to a settlement entered into with a co-tortfeasor before a verdict or judgment, and the settlement between the plaintiffs and defendants occurred after the judgment; 2) judicial estoppel does not apply here as the factual prerequisite to invoke the doctrine is not present; 3) the court correctly credited defendants with the partial satisfaction of judgment under Code of Civil Procedure section 724.110 (b); and 4) substantial evidence supported a finding that defendants are entitled to a credit against the judgment, and the court did not abuse its discretion in directing the plaintiffs to execute a partial satisfaction of judgment for that amount in equitable setoff.

Appellate Information

• Decided 08/12/2009
• Published 08/12/2009

Judges

• FLIER J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Benedon & Serlin, Gerald M. Serlin, Los Angeles, and Kelly R. Horwitz, for Defendants and Appellants., Hornberger & Brewer, Nicholas W. Hornberger, Michael Brewer, and Wesley W. Chang, Los Angeles, for Plaintiffs and Respondents.