Title 11. Contribution Among Joint Judgment Debtors · Chapter 1. Releases From and Contribution Among Joint Tortfeasors · Last amended 2018 · Last verified July 28, 2026
In one sentenceSection 877.6 lets any party get a hearing on whether a settlement between the plaintiff and one or more alleged joint tortfeasors or co-obligors was made in good faith, and a good-faith finding bars every other tortfeasor or co-obligor from bringing further contribution or comparative-indemnity claims against the settling party.
(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)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)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)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)The party asserting the lack of good faith shall have the burden of proof on that issue.
(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)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)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)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.
Plain-English Summary
This is the procedural engine behind § 877's protection, and one of the most frequently used motions in California multi-defendant litigation. Subdivision (a) gives any party the right to a hearing on whether a settlement was entered in good faith, on notice under § 1005(b), with the court free to shorten that notice for good cause so the issue can be resolved before trial or before verdict if settlement comes after trial begins. Subdivision (a)(2) offers a streamlined alternative: the settling party serves a notice of settlement, an application for a good-faith determination, and a proposed order by certified mail or personal service; nonsettling parties then have 25 days (mail) or 20 days (personal service) to file a motion contesting good faith, and if nobody does, the court may approve the settlement without a contested hearing. That streamlined path doesn't apply where the settlement includes a confidentiality agreement.
Subdivision (b) lets the court decide the good-faith question on affidavits filed with the notice, plus any counteraffidavits, or take other evidence at the hearing if it chooses. Subdivision (c) delivers the payoff: once the court finds the settlement was made in good faith, every other joint tortfeasor or co-obligor is barred from bringing any further claim against the settling party for equitable comparative contribution or for partial or comparative indemnity based on comparative negligence or fault. Subdivision (d) puts the burden of proving lack of good faith on whoever challenges the settlement — reflecting a strong judicial policy of encouraging settlement.
Subdivision (e) lets a party aggrieved by the good-faith ruling, either way, seek review by writ of mandate within 20 days of notice of the determination (with up to 20 more days available at the trial court's discretion). The reviewing court has 30 days to decide whether to hear the writ, a granted writ hearing gets calendar precedence over most other civil matters, and the five-year dismissal clock under Chapter 1.5 of Title 8 (commencing with § 583.110) is tolled while the writ review is pending.
Frequently Asked Questions
What does a good-faith settlement determination under § 877.6 protect a settling defendant from?
It bars every other joint tortfeasor or co-obligor from later suing the settling party for equitable comparative contribution or for partial or comparative indemnity based on comparative fault — it does not affect the settling party's own liability to the plaintiff.
Who has the burden of proof at a good faith settlement hearing?
The party challenging the settlement bears the burden of proving it was not made in good faith.
Is there a way to get a good-faith determination without a contested hearing?
Yes. Under subdivision (a)(2), the settling party can serve a notice, application, and proposed order, and if no nonsettling party moves to contest within 25 days (by mail) or 20 days (by personal service), the court may approve the settlement.
Does the streamlined notice procedure work when the settlement has a confidentiality agreement?
No, subdivision (a)(2) expressly excludes settlements where a confidentiality agreement has been entered into regarding the case or its terms.
How does a party challenge a good-faith or lack-of-good-faith ruling?
By petitioning for a writ of mandate within 20 days after service of written notice of the determination, with up to 20 additional days available at the trial court's discretion.
Amendment History
Amended by Stats 2017 ch 64 (SB 543),s 1, eff. 1/1/2018. Amended by Stats 2001 ch 812 (AB 223), s 7, eff. 1/1/2002.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as:good faith settlement determination californiaccp 877.6 motion877.6 hearing californiabar order joint tortfeasor settlement