SAN FRANCISCO In a sweeping win for plaintiffs, the California Supreme Court on Thursday abandoned the common law “release rule,” which holds that a plaintiff who settles with one joint tortfeasor releases all the others from liability.
For good measure, the court went on to hold that even when a plaintiff settles with one defendant for a disproportionately small amount, he can recover the full amount of any subsequent judgment against other defendants, minus only a setoff for the settlement.
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