Appleton v. Waessil

In Appleton v. Waessil (1994) 27 Cal.App.4th 551, plaintiff filed a personal injury action against the other driver in the accident, the owner of the other car, and a broker who allegedly arranged for the car to be loaned to an organization affiliated with the other driver. The plaintiff settled with the owner and agreed to dismiss the broker, and signed a general release in favor of the owner, the broker, and "'all other persons, firms, associations and corporations.'" (Id. at p. 554.) The trial court determined the settlement was in good faith, and the plaintiff dismissed the owner and the broker from the action. He then served the other driver, who successfully moved for summary judgment based on the broad terms of the release. (Id. at pp. 553-554.) The appellate court reversed, finding both General Motors and Lama distinguishable because the plaintiff had advised the settling parties he intended to proceed against the driver, he did not dismiss the entire action, and he provided extrinsic evidence to show there was no intent to release the driver. (Appleton, supra, at pp. 556-557.)