Everman v. Superior Court

In Everman v. Superior Court (1992) 8 Cal.App.4th 466, at pages 471-472, the court stated that where a settling defendant remains in the case at trial "the settling defendant's position as a general rule should be revealed to the court and jury in the subsequent trial in order to avoid committing a fraud on the court. The disclosure permits the trier of fact to properly weigh the settling defendant's testimony." While Enloe Memorial Hospital has not only settled, but now has a judgment in its favor, it may be that its settlement agreement with the Boelmans still requires its presence on retrial. If so, the settlement should be disclosed to expose any possible bias and remove any potential unfairness in the proceedings. ( Id. at p. 473.)