Wells Fargo Bank v. Superior Court (Wertz), No. S014994

CourtUnited States State Supreme Court (California)
Writing for the CourtLUCAS
Citation269 Cal.Rptr. 720,791 P.2d 290
PartiesWELLS FARGO BANK, Petitioner, v. SUPERIOR COURT of the City and County of San Francisco, Respondent. Barbara WERTZ et al., Real Parties in Interest. (And Companion Case).
Decision Date23 May 1990
Docket NumberNo. S014994

Page 720

269 Cal.Rptr. 720
791 P.2d 290
WELLS FARGO BANK, Petitioner,
v.
SUPERIOR COURT of the City and County of San Francisco, Respondent.
Barbara WERTZ et al., Real Parties in Interest. (And Companion Case).
No. S014994.
Supreme Court of California,
In Bank.
May 23, 1990.

Prior report: Cal.App., 267 Cal.Rptr. 49.

Petition for review GRANTED.

LUCAS, C.J., and BROUSSARD, EAGLESON, KENNARD and ARABIAN, JJ., concur.

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6 practice notes
  • Pco, Inc. v. Christensen, Miller, Fink, No. B189856.
    • United States
    • California Court of Appeals
    • April 30, 2007
    ...disapproved on another ground in Bay Development, Ltd. v. Superior Court (1990) 50 Cal.3d 1012, 1029-1030, fn. 10, 269 Cal. Rptr. 720, 791 P.2d 290; see Madsen v. Cawthorne (1938) 30 Cal.App.2d 124, 126, 85 P.2d 909.) "The rule is based on the policy that losses caused by the torts of emplo......
  • Prado-Guajardo v. Perez, Case No. 2:16-cv-00546-GMN-VCF
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Nevada
    • September 8, 2017
    ...the settling defendant's potential liability is minimal. See Otak Nevada, L.L.C., 312 P.3d at 497 (citing Bay Dev. Ltd. v. Superior Court, 791 P.2d 290, 299 (1990) (upholding a settlement of $30,000 in a case seeking damages in excess of $1 million because there was evidence that the settli......
  • City of San Jose v. Price Waterhouse, No. 91-16489
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 23, 1993
    ...(Section 877 "appl[ies] only to joint tortfeasors"), overruled on other grounds by Bay Dev., Ltd. v. Superior Court of San Diego, 791 P.2d 290 (Cal.1990) (en banc). Section 877 is therefore inapplicable to the instant The City is entitled to only one satisfaction for a single injury. See Fr......
  • Assicurazioni Generali, S.P.A. v. First State Ins. Co., No. 95-55138
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • June 18, 1996
    ...based on the breach of some contractual relationship have been barred. In Bay Development, Ltd. v. Superior Court, 50 Cal.3d 1012, 1035, 791 P.2d 290, 304 (1990), the court concluded that implied contractual indemnity is a form of equitable indemnity barred by § 877.6. Id., 50 Cal.3d at 102......
  • Request a trial to view additional results
6 cases
  • Pco, Inc. v. Christensen, Miller, Fink, No. B189856.
    • United States
    • California Court of Appeals
    • April 30, 2007
    ...disapproved on another ground in Bay Development, Ltd. v. Superior Court (1990) 50 Cal.3d 1012, 1029-1030, fn. 10, 269 Cal. Rptr. 720, 791 P.2d 290; see Madsen v. Cawthorne (1938) 30 Cal.App.2d 124, 126, 85 P.2d 909.) "The rule is based on the policy that losses caused by the torts of emplo......
  • Prado-Guajardo v. Perez, Case No. 2:16-cv-00546-GMN-VCF
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Nevada
    • September 8, 2017
    ...the settling defendant's potential liability is minimal. See Otak Nevada, L.L.C., 312 P.3d at 497 (citing Bay Dev. Ltd. v. Superior Court, 791 P.2d 290, 299 (1990) (upholding a settlement of $30,000 in a case seeking damages in excess of $1 million because there was evidence that the settli......
  • City of San Jose v. Price Waterhouse, No. 91-16489
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 23, 1993
    ...(Section 877 "appl[ies] only to joint tortfeasors"), overruled on other grounds by Bay Dev., Ltd. v. Superior Court of San Diego, 791 P.2d 290 (Cal.1990) (en banc). Section 877 is therefore inapplicable to the instant The City is entitled to only one satisfaction for a single injury. See Fr......
  • Assicurazioni Generali, S.P.A. v. First State Ins. Co., No. 95-55138
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • June 18, 1996
    ...based on the breach of some contractual relationship have been barred. In Bay Development, Ltd. v. Superior Court, 50 Cal.3d 1012, 1035, 791 P.2d 290, 304 (1990), the court concluded that implied contractual indemnity is a form of equitable indemnity barred by § 877.6. Id., 50 Cal.3d at 102......
  • Request a trial to view additional results

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