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Vacaville Quail Run v. Gable Plastics1/30/2002
, a plaintiff could settle the flooring claim and proceed against the wiring defendants. (Bobrow/Thomas & Associates v. Superior Court (1996) 50 Cal.App.4th 1654, 1661 [where flooring failed because of combination of faulty design and poor construction, injury is indivisible and non-settling defendant entitled to credit for amounts paid in settlement of joint claim].) However, if an injury is indivisible and the liability of the defendants is joint, the settlement agreement may not segregate the injury for the purpose of maximizing the recovery against non-settling defendants. (Ibid.)
PPI supplied defective raw materials for all defective pipe in VQR. A 100 percent setoff is appropriate unless there is evidence that the PPI settlement was for a different tort. (Erreca's, supra, 19 Cal.App.4th at pp. 1501-1502 [portion of proceeds of settlement with developer allocated to soils issues credited 100 percent on judgment against non-settling grading contractor].)
CONCLUSION
The matter is remanded for consideration of the appropriate amount of credit for all of the challenged settlements. Appellant is entitled to costs on appeal.
We concur:
Stein, Acting P.J.
Swager, J.
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