Procedural Posture

Appellant corporation sought review of an order of the Superior Court of the City and County of San Francisco (California), which denied the corporation's motion to enter satisfaction of a judgment secured by respondent contractor against the corporation.

Overview

An agreement was entered into between the contractor and the administratrix of an estate for settlement of claims to oil and gas royalties. The corporation contended that the decedent and the corporation's predecessor were joint tortfeasors and that the agreement between the contractor and the administratrix constituted a compromise and settlement of a tort action with one joint tortfeasor, a release from further liability of that tort feasor, and a release of all other joint tort feasors. Discovery Cutoff define as the end of discovery is commonly. The court affirmed the judgment of the superior court, which denied the corporation's motion to enter satisfaction of a judgment in light of the agreement between the contractor and the administratrix because this was an action in contract not in tort. Specifically, the court found that the settlement with the administratrix did not release the corporation as an assignee of property owned by the decedent because the decedent and the corporation were not jointly liable for the entire claim as the corporation took its property subject to the terms of the original contract between the contractor and the decedent. The corporation was only liable for those royalties to which it had legal title.

Outcome

The court affirmed that trial court's order denying the corporation's motion to enter satisfaction of a judgment.