Contribution Among Joint Judgment DebtorsReleases From and Contribution Among Joint Tortfeasors
Section § 875
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.
Section § 876
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.
Section § 877
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.
Section § 877.5
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.
Section § 877.6
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.
Section § 878
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.
Section § 879
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.