Section § 875

Explanation

If more than one person is found responsible for causing harm and are ordered to pay money, they can seek to share the burden of payment among themselves based on fairness. This can only happen after one person has paid more than their fair share, and it's limited to the extra amount they paid. However, someone who intentionally caused harm can't use this rule to reduce their payment. Insurance companies that cover someone's payment can also seek to share the cost. This law doesn’t change other existing rights to seek payback in different situations, and it doesn’t prevent the injured person from collecting the whole amount from any one of those responsible.

(a)CA Civil Procedure Code § 875(a) Where a money judgment has been rendered jointly against two or more defendants in a tort action there shall be a right of contribution among them as hereinafter provided.
(b)CA Civil Procedure Code § 875(b) Such right of contribution shall be administered in accordance with the principles of equity.
(c)CA Civil Procedure Code § 875(c) Such right of contribution may be enforced only after one tortfeasor has, by payment, discharged the joint judgment or has paid more than his pro rata share thereof. It shall be limited to the excess so paid over the pro rata share of the person so paying and in no event shall any tortfeasor be compelled to make contribution beyond his own pro rata share of the entire judgment.
(d)CA Civil Procedure Code § 875(d) There shall be no right of contribution in favor of any tortfeasor who has intentionally injured the injured person.
(e)CA Civil Procedure Code § 875(e) A liability insurer who by payment has discharged the liability of a tortfeasor judgment debtor shall be subrogated to his right of contribution.
(f)CA Civil Procedure Code § 875(f) This title shall not impair any right of indemnity under existing law, and where one tortfeasor judgment debtor is entitled to indemnity from another there shall be no right of contribution between them.
(g)CA Civil Procedure Code § 875(g) This title shall not impair the right of a plaintiff to satisfy a judgment in full as against any tortfeasor judgment debtor.

Section § 876

Explanation

This law explains how to divide the responsibility when multiple people are found responsible for a wrongdoing. Each person at fault pays an equal part of the total judgment. If some people are responsible only because of their relationship to the person who actually did wrong, like an employer for an employee, then those people together pay just one equal part, and they might seek repayment from each other.

(a)CA Civil Procedure Code § 876(a) The pro rata share of each tortfeasor judgment debtor shall be determined by dividing the entire judgment equally among all of them.
(b)CA Civil Procedure Code § 876(b) Where one or more persons are held liable solely for the tort of one of them or of another, as in the case of the liability of a master for the tort of his servant, they shall contribute a single pro rata share, as to which there may be indemnity between them.

Section § 877

Explanation

This law explains what happens when someone involved in a lawsuit over a shared wrong (like an accident) settles with one of the people or parties being sued, called 'tortfeasors', before a decision in court is made. Basically, settling with one party in good faith does not automatically free the others from blame, unless specified in the agreement. However, the total amount that others owe could be reduced by the settlement amount. The person who settles doesn't have to help pay any claims for the other people involved. This doesn't apply if those involved have a written agreement on how to share responsibility, or if a debt contract is from before 1988.

Where a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment is given in good faith before verdict or judgment to one or more of a number of tortfeasors claimed to be liable for the same tort, or to one or more other co-obligors mutually subject to contribution rights, it shall have the following effect:
(a)CA Civil Procedure Code § 877(a) It shall not discharge any other such party from liability unless its terms so provide, but it shall reduce the claims against the others in the amount stipulated by the release, the dismissal or the covenant, or in the amount of the consideration paid for it, whichever is the greater.
(b)CA Civil Procedure Code § 877(b) It shall discharge the party to whom it is given from all liability for any contribution to any other parties.
(c)CA Civil Procedure Code § 877(c) This section shall not apply to co-obligors who have expressly agreed in writing to an apportionment of liability for losses or claims among themselves.
(d)CA Civil Procedure Code § 877(d) This section shall not apply to a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment given to a co-obligor on an alleged contract debt where the contract was made prior to January 1, 1988.

Section § 877.5

Explanation

This law deals with agreements called 'sliding scale recovery agreements' in lawsuits involving multiple defendants accused of wrongdoing. These agreements allow one or more defendants (but not all) to limit how much they owe based on how much money the plaintiff gets from the defendants who aren't part of the agreement. When such an agreement is made, the parties must quickly tell the court about it and its details. If the case goes to jury trial and a defendant who is part of the agreement testifies, the jury should be informed about the agreement unless this could cause confusion or prejudice. Lastly, these agreements aren't valid unless other defendants are notified 72 hours in advance, though exceptions can be made for good reasons.

(a)CA Civil Procedure Code § 877.5(a) Where an agreement or covenant is made which provides for a sliding scale recovery agreement between one or more, but not all, alleged defendant tortfeasors and the plaintiff or plaintiffs:
(1)CA Civil Procedure Code § 877.5(a)(1) The parties entering into any such agreement or covenant shall promptly inform the court in which the action is pending of the existence of the agreement or covenant and its terms and provisions.
(2)CA Civil Procedure Code § 877.5(a)(2) If the action is tried before a jury, and a defendant party to the agreement is called as a witness at trial, the court shall, upon motion of a party, disclose to the jury the existence and content of the agreement or covenant, unless the court finds that this disclosure will create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury.
The jury disclosure herein required shall be no more than necessary to inform the jury of the possibility that the agreement may bias the testimony of the witness.
(b)CA Civil Procedure Code § 877.5(b) As used in this section, a “sliding scale recovery agreement” means an agreement or covenant between a plaintiff or plaintiffs and one or more, but not all, alleged tortfeasor defendants, which limits the liability of the agreeing tortfeasor defendants to an amount which is dependent upon the amount of recovery which the plaintiff is able to recover from the nonagreeing defendant or defendants. This includes, but is not limited to, agreements within the scope of Section 877, and agreements in the form of a loan from the agreeing tortfeasor defendant or defendants to the plaintiff or plaintiffs which is repayable in whole or in part from the recovery against the nonagreeing tortfeasor defendant or defendants.
(c)CA Civil Procedure Code § 877.5(c) No sliding scale recovery agreement is effective unless, at least 72 hours prior to entering into the agreement, a notice of intent to enter into an agreement has been served on all nonsignatory alleged defendant tortfeasors. However, upon a showing of good cause, the court or a judge thereof may allow a shorter time. The failure to comply with the notice requirements of this subdivision shall not constitute good cause to delay commencement of trial.

Section § 877.6

Explanation

This law deals with the process for determining whether a settlement is made in good faith when there are multiple parties involved in a case, like when two or more people are blamed for causing harm or owe money on a contract. If one party settles, they can ask the court to confirm that the settlement was fair. This helps protect the settling party from further claims by other parties involved. Any party contesting the settlement's good faith bears the burden of proving it wasn't fair. If someone disagrees with the court's decision, they can appeal quickly. The court prioritizes these appeals over most other cases.

(a)Copy CA Civil Procedure Code § 877.6(a)
(1)Copy CA Civil Procedure Code § 877.6(a)(1) Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005. Upon a showing of good cause, the court may shorten the time for giving the required notice to permit the determination of the issue to be made before the commencement of the trial of the action, or before the verdict or judgment if settlement is made after the trial has commenced.
(2)CA Civil Procedure Code § 877.6(a)(2) In the alternative, a settling party may give notice of settlement to all parties and to the court, together with an application for determination of good faith settlement and a proposed order. The application shall indicate the settling parties, and the basis, terms, and amount of the settlement. The notice, application, and proposed order shall be given by certified mail, return receipt requested, or by personal service. Proof of service shall be filed with the court. Within 25 days of the mailing of the notice, application, and proposed order, or within 20 days of personal service, a nonsettling party may file a notice of motion to contest the good faith of the settlement. If none of the nonsettling parties files a motion within 25 days of mailing of the notice, application, and proposed order, or within 20 days of personal service, the court may approve the settlement. The notice by a nonsettling party shall be given in the manner provided in subdivision (b) of Section 1005. However, this paragraph shall not apply to settlements in which a confidentiality agreement has been entered into regarding the case or the terms of the settlement.
(b)CA Civil Procedure Code § 877.6(b) The issue of the good faith of a settlement may be determined by the court on the basis of affidavits served with the notice of hearing, and any counteraffidavits filed in response, or the court may, in its discretion, receive other evidence at the hearing.
(c)CA Civil Procedure Code § 877.6(c) A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.
(d)CA Civil Procedure Code § 877.6(d) The party asserting the lack of good faith shall have the burden of proof on that issue.
(e)CA Civil Procedure Code § 877.6(e) When a determination of the good faith or lack of good faith of a settlement is made, any party aggrieved by the determination may petition the proper court to review the determination by writ of mandate. The petition for writ of mandate shall be filed within 20 days after service of written notice of the determination, or within any additional time not exceeding 20 days as the trial court may allow.
(1)CA Civil Procedure Code § 877.6(e)(1) The court shall, within 30 days of the receipt of all materials to be filed by the parties, determine whether or not the court will hear the writ and notify the parties of its determination.
(2)CA Civil Procedure Code § 877.6(e)(2) If the court grants a hearing on the writ, the hearing shall be given special precedence over all other civil matters on the calendar of the court except those matters to which equal or greater precedence on the calendar is granted by law.
(3)CA Civil Procedure Code § 877.6(e)(3) The running of any period of time after which an action would be subject to dismissal pursuant to the applicable provisions of Chapter 1.5 (commencing with Section 583.110) of Title 8 of Part 2 shall be tolled during the period of review of a determination pursuant to this subdivision.

Section § 878

Explanation

If someone has been found responsible (a tortfeasor judgment debtor) in a lawsuit and wants other responsible parties to share in paying the judgment, they can ask the court for this through a motion. They must let everyone involved in the case know about this motion at least 10 days before the hearing, including the person who brought the lawsuit. They also need to provide information, like an affidavit, about any assets the other parties might have to help pay the judgment.

Judgment for contribution may be entered by one tortfeasor judgment debtor against other tortfeasor judgment debtors by motion upon notice. Notice of such motion shall be given to all parties in the action, including the plaintiff or plaintiffs, at least 10 days before the hearing thereon. Such notice shall be accompanied by an affidavit setting forth any information which the moving party may have as to the assets of defendants available for satisfaction of the judgment or claim for contribution.

Section § 879

Explanation

This law basically says that if any part of a legal rule is found to be invalid or can't be applied to someone, that doesn't mess up the rest of the rule. The other parts that still make sense and work can continue to be used. It's like saying each part of the rule can stand on its own.

If any provision of this title or the application thereof to any person is held invalid, such invalidity shall not affect other provisions or applications of the title which can be given effect without the invalid provision or application and to this end the provisions of this title are declared to be severable.

Section § 880

Explanation

This section means that the rules or actions described in this title only apply to situations starting from January 1, 1958.

This title shall become effective as to causes of action accruing on or after January 1, 1958.