AmeriPride Services Inc v. Valley Industrial Services Inc

In AmeriPride Services, Inc. v. Valley Industrial Services, Inc. (E.D.Cal., July 2, 2007, No. CIV. S-00-113-LKK JFM), the trial court granted a motion to approve the parties' settlement agreements as good faith settlements and to enter an order barring contribution and indemnity claims arising out of the settlement claims. "The parties' settlement agreements are a good-faith effort to resolve future responsibilities between the parties and this effort should be protected by a Bar Order. Also, as to any potential non-parties to this litigation, the settlements represent a fair allocation of settlement proceeds and liabilities ... . This is especially true in light of the additional commitment of AmeriPride in its settlement agreement with Huhtamaki to comply with Clean-Up and Abatement Order issued by the State of California in 2006, in regard to the further remediation of the contamination, reducing substantially the possibility of any shortfall created by the approval of these settlements. That being the case, applying both Section 6 of UCFA Uniform Comparative Fault Act and the procedural requirements of California Code of Civil Procedure Section 877.6, there is no longer any reason for this Court to delay a finding that all three settlements were entered into in good faith and that the settling parties are entitled to an order protecting them from contribution actions brought by third parties." (Id. at pp. 11-12.) "Pursuant to Section 6 of UCFA and Section 877.6 of the California Code of Civil Procedure, any and all claims for contribution or indemnity against the settling parties, arising out of the facts alleged in the AmeriPride Action and the Huhtamaki Action ... , regardless of when such claims are asserted or by whom, are barred. Such claims are barred regardless of whether they are brought pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or pursuant to any other federal or state statute or common law." (Id. at pp. 12-13.) In Bottoms, the court confirmed a good faith settlement and "conferred contribution protection" on the settling defendant under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). (Bottoms, supra, at p. 3.)