Marteney v. Elementis Chems. Inc.

as void, contending the appeal from the 2013 judgment in favor of Marty and Marie foreclosed all proceedings relating to the FAC. On March 29, 2017, the trial court denied Elementis's motion. This appeal followed.

DISCUSSION

Elementis contends (1) that the 2017 judgment in favor of respondents is void, and (2) that the trial court erred in determining the settlement credits to which Elementis was entitled. For the reasons discussed below, we reject those contentions.

aside." ( American Contractors , supra , 33 Cal.4th at p. 661, 16 Cal.Rptr.3d 76 , 93 P.3d 1020 .) Ordinarily, acts in excess of jurisdiction are subject to harmless error analysis, that is, they support a reversal of the judgment only upon a showing of prejudice. (See People v. Williams (2006) 40 Cal.4th 287 , 301, 52 Cal.Rptr.3d 268 , 148 P.3d 47 .) Furthermore, challenges to a judgment based on the defect may be barred under principles of estoppel, forfeiture, and waiver. ( In re Griffin (1967) 67 Cal.2d 343 , 347, 62 Cal.Rptr. 1 , 431 P.2d 625 ( Griffin ); People v. Mower (2002) 28 Cal.4th 457 , 474, fn. 6, 122 Cal.Rptr.2d 326 , 49 P.3d 1067 .)

Before the trial court and on appeal, Elementis has offered two distinct arguments in support of its contention that the 2017 judgment is void for want of jurisdiction. Elementis maintains (1) that the appeal from the 2013 judgment in favor of Marty and Marie removed the court's jurisdiction to permit the filing of the FAC, and (2) that the underlying action "was dead" after we affirmed the 2013 judgment and Elementis paid the damages owed to Marty and Marie.

As the facts material to Elementis's contentions are undisputed, the character of the purported defect determines the standard of review applicable to the ruling on the section 473 motion. To the extent Elementis asserts that the 2017 judgment is absolutely void for want of subject matter jurisdiction, our review is de novo. ( Tearlach , supra , 219 Cal.App.4th at p. 780, 162 Cal.Rptr.3d 110 .) To the extent Elementis may have identified an act potentially in excess of jurisdiction, we review the ruling for an abuse of discretion. (See Talley v. Valuation Counselors Group, Inc. (2010) 191 Cal.App.4th 132 , 146, 119 Cal.Rptr.3d 300 .)

2. Filing of the FAC

Elementis contends the automatic stay triggered by the appeal from the 2013 judgment removed the trial court's subject matter jurisdiction to accept the filing of the FAC. As explained below, we disagree.

a. Governing Principles

Under section 916, subdivision (a), "the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order," unless the matter falls within enumerated

( Id . at p. 198, 25 Cal.Rptr.3d 298 , 106 P.3d 958 .) However, the automatic stay rule does not bar collateral proceedings that do not affect the judgment on appeal. ( Id . at p. 191, 25 Cal.Rptr.3d 298 , 106 P.3d 958 .)

The crux of Elementis's contention is that due to the automatic stay triggered by the appeal from the 2013 judgment, the filing of the FAC was a jurisdictional error rendering the 2017 judgment void. Because the FAC contained wrongful death claims, Elementis's contention implicates the principles governing those claims. Generally, wrongful death claims are legally distinct from claims for personal injury and loss of consortium. ( Wilson v. John Crane, Inc. (2000) 81 Cal.App.4th 847 , 862, 97 Cal.Rptr.2d 240 ( Wilson ).) "A cause of action for wrongful death is a statutory claim (§§ 377.60-377.62) that compensates specified heirs of the decedent for losses suffered as a result of a decedent's death." ( San Diego Gas & Electric Co. v. Superior Court (2007) 146 Cal.App.4th 1545 , 1550-1551, 53 Cal.Rptr.3d 722 ( San Diego Gas ).) Although each heir has a "personal and separate" claim, the wrongful death statutes ordinarily require joint litigation of the heirs' claims in order to prevent a series of suits against the tortfeasor. ( Cross v. Pacific Gas & Elec. Co. (1964) 60 Cal.2d 690 , 692, 694, 36 Cal.Rptr. 321 , 388 P.2d 353 ( Cross ); San Diego Gas , supra , at p. 1551, 53 Cal.Rptr.3d 722 .) However, that requirement does not deprive a court of subject matter jurisdiction to try a wrongful death action when an heir fails to participate in the action. ( Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801 , 808, 62 Cal.Rptr.2d 78 ; see Cross , supra , at p. 692, 36 Cal.Rptr. 321 , 388 P.2d 353 .)

Elementis's contention also implicates the trial court's authority to permit amendments to the original complaint, as the FAC introduced new claims and parties into the action. Generally, "the trial court has wide discretion in allowing the amendment of any pleading [citations]." (

[FAC] until the remittitur was issued .... Neither of these actions, in any way, had any impact on the effectiveness of the appeal. ... [I]t appears to the court that the acceptance of the [FAC] ... [and] the sub-proceedings of the court were in [no] way inconsistent with the ... remittitur." We discern no error in those determinations.

In our view, the appeal from the 2013 judgment did not remove the trial court's subject matter jurisdiction over the FAC, insofar as it asserted respondents' wrongful death claims. By accepting the FAC for filing, the trial court effectively permitted respondents -- who were not parties to the original action -- to intervene in order to assert their wrongful death claims (see Houze v. Kovacevich (1941) 44 Cal.App.2d 936 , 937, 113 P.2d 255 [affirming judgment in wrongful death action in favor of plaintiff by intervention].). After an appeal from a judgment has been perfected, section 916 does not deprive the trial court of subject matter jurisdiction to permit a party to intervene in the action, provided the intervention does not relate to a matter embraced by the judgment. ( Mallick v. Superior Court (1979) 89 Cal.App.3d 434 , 437-438, 152 Cal.Rptr. 503 .) That is the case here: because respondents' claims were based on their father Marty's postjudgment death and were

discontinuance of the previous action, and the beginning of a new action for a new cause. This method of procedure was irregular, but no objection was made upon that ground." ( Id . at p. 459, 96 P. 503 .) In view of the absence of a timely objection, the court ruled that the defendant had failed to preserve that irregularity as a contention of error. ( Ibid . )

In Barnes v. McKendry (1968) 260 Cal.App.2d 671 , 672, 67 Cal.Rptr. 336 , a woman filed a complaint for divorce containing a single charge of mental cruelty. Later, without securing leave from the trial court, she filed

2013 judgment, insofar as the FAC contained respondents' claims. In sum, Elementis has failed to show any basis for invalidating the 2017 judgment due to the filing of the FAC.

defendant's liability to the plaintiff executing the settlement. ( Bay Development, Ltd. v. Superior Court (1990) 50 Cal.3d 1012 , 1018, 269 Cal.Rptr. 720 , 791 P.2d 290 ; Bobrow/Thomas & Associates v. Superior Court (1996) 50 Cal.App.4th 1654 , 1660, 58 Cal.Rptr.2d 626 ; Southern Cal. Gas Co. v. Superior Court (1986) 187 Cal.App.3d 1030 , 1037, 232 Cal.Rptr. 320 .) As our Supreme Court has explained, under the statute, "when one of a number of tort defendants enters into a settlement agreement with a plaintiff , the nonsettling defendants' liability to the plaintiff is reduced by the amount of the settlement." ( Bay Development, Ltd. v. Superior Court , supra , at p. 1018, 269 Cal.Rptr. 720 , 791 P.2d 290 , italics added.)

Elementis's contention thus implicates the principles by which persons may be bound by, or subject to, a settlement agreement they did not execute. Generally, the settlement of claims "by one party plaintiff ... does not operate to bar the actions of other plaintiffs." ( Estate of Kuebler v. Superior Court (1978) 81 Cal.App.3d 500 , 504, 146 Cal.Rptr. 481 .) Nonetheless, nonsignatories to a settlement agreement may be subject to it under special circumstances, for example, when they participate in the negotiation of the agreement while recognizing that it affects their interests ( Phelps v. Kozakar (1983) 146 Cal.App.3d 1078 , 1083-1084, 194 Cal.Rptr. 872 ), or when the agreement is negotiated by parties purporting to act on their behalf, and they accept the benefits of the agreement (see Alvarado Community Hospital v. Superior Court (1985) 173 Cal.App.3d 476 , 480-484, 219 Cal.Rptr. 52 ).

pre-verdict settlements" would be determined in future proceedings.

In October 2016, Elementis requested settlement credits based on Marty's and Marie's settlements and respondents' settlement with UCC. Elementis argued that respondents were bound by the prior finding (by Judge Kralik) that 20 percent of the funds from Marty's and Marie's settlements were properly allocated to then-future wrongful death claims. In view of that contention, Elementis asserted that respondents' net recovery for economic damages was "zero dollars," as the settlement credit it sought exceeded the jury's total award for economic damages.

Respondents contended any settlement credit must be based solely on their $75,000 settlement with UCC, arguing that assigning credits to Elementis

wrongful death claims in calculating the settlement credits to which the nonsettling defendant was entitled. ( Id . at pp. 851, 860, 97 Cal.Rptr.2d 240 .)

The appellate court affirmed the exclusion of the settlement funds from the calculation because the plaintiffs had asserted no wrongful death claim, reasoning that "the settlement of [a] claim may serve as a credit only against a judgment on the same claim." ( Wilson , supra , 81 Cal.App.4th at p. 862, 97 Cal.Rptr.2d 240 .) In so holding, the court observed that the settlement agreements had not, in fact, settled the heirs' wrongful death claims, but required only that the plaintiffs hold the settling defendants harmless in the event of such claims. ( Ibid . ) The court remarked: "This raises the possibility that the heirs might yet bring their independent claims against [the nonsettling] defendant ... and might then recover damages some portion of which had effectively already been paid to [the] plaintiffs by other defendants. If the heirs were shown to have actually received the sums earlier paid in settlement, then of course those sums would be available for treatment as a settlement credit. If they had not received the sums, then the decedent might be found -- or deemed -- to have received them as an agent of the heirs, such that the sums so received would still be available as credits against settlement. Alternatively, the defendant might be allowed an equitable claim back against the decedent's estate for sums which should have been applied to offset the heirs' eventual claims. We need not determine how such a hypothetical situation would in fact be best resolved." ( Id . at pp. 862-863, 97 Cal.Rptr.2d 240 , fn.omitted.)

Hackett involved similar plaintiffs and similar claims against multiple defendants. ( Hackett , supra , 98 Cal.App.4th at pp. 1236-1237, 120 Cal.Rptr.2d 662 .) Prior to trial, the plaintiffs settled with many of the defendants. ( Id . at p. 1237, 120 Cal.Rptr.2d 662 .) Included in the agreements were express releases of future wrongful death claims by heirs, as well as undertakings to hold the defendants harmless in the event of such claims. ( Ibid . ) After a jury awarded noneconomic damages against a nonsettling defendant, the trial court found that 34 percent of the settlement funds were allocated to future wrongful death actions, and determined the defendant's settlement credit in light of that finding. ( Id . at pp. 1238, 1241, 120 Cal.Rptr.2d 662 .)

On appeal, the defendant contended an excessive amount of the settlement funds had been allocated to future wrongful death actions, arguing that the trial court failed to consider that the plaintiffs' sons were not signatories to the settlement agreements, and thus were free to assert such actions. ( Hackett , supra , 98 Cal.App.4th at p. 1241, 120 Cal.Rptr.2d 662 .) Pointing to Wilson , the appellate court

Although Wilson and Hackett examine the section 877 credit due a nonsettling defendant in an action for personal injury and loss of consortium, their discussions are instructive regarding the distinct issue presented here, namely, the section 877 credit due the nonsettling defendant in a subsequent wrongful death action by the original plaintiffs' heirs. Viewed together, Wilson and Hackett establish that when the heirs are not signatories to a settlement executed by the original plaintiffs, the settling defendant's key safeguard against a subsequent wrongful death action by the heirs is a "hold harmless" provision in the settlement binding on the original plaintiffs, unless the settlement is also binding on the heirs. ( Wilson , supra , 81 Cal.App.4th at pp. 862-863, 97 Cal.Rptr.2d 240 ; Hackett , supra , 98 Cal.App.4th at p. 1241, 120 Cal.Rptr.2d 662 .) The latter may occur where the plaintiffs, in negotiating the settlement, act as the heirs' agents, or the heirs actually receive the settlement funds allocated to wrongful death claims. ( Wilson , supra , at pp. 862-863, 97 Cal.Rptr.2d 240 .) When those situations obtain, a nonsettling defendant is potentially entitled to a section 877 credit in the heirs' wrongful death action because they are bound by the settlement. ( Ibid . )

Here, Elementis failed to show that respondents were subject to Marty's and Marie's settlements. Absent special circumstances, " 'a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he is asserting.' [Citations.]" ( Sander/Moses Productions, Inc. v. NBC Studios, Inc. (2006) 142 Cal.App.4th 1086 , 1095, 48 Cal.Rptr.3d 525 .) Because Elementis sought settlement credits, the burden of proving that the settlements bound respondents is reasonably allocated to Elementis.

In opposing Elementis's request for settlement credits, respondents submitted declarations stating (1) that they were not parties to the litigation of

it were we to consider it, as ratification through the acceptance of benefits requires knowledge of the relevant circumstances ( Johnson v. California Interurban Motor Transp. Assn. (1938) 24 Cal.App.2d 322 , 338, 74 P.2d 1073 ). Nothing in respondents' trial testimony implies that the gifts reflected settlement funds or that respondents had any knowledge of the source of the gifts. In sum, the trial court did not err in denying Elementis a section 877 credit based on Marty's and Marie's settlements.

against Elementis, Union Carbide Corporation (UCC), and other defendants involved in the manufacture and marketing of asbestos-containing products. Their complaint alleged that Marty suffered from mesothelioma due to his exposure to asbestos from the defendants' products.

Prior to trial, Marty and Marie entered into settlements with several defendants totaling $2,390,000. As a result of the settlements and other dispositions, at the commencement of jury selection, UCC and Elementis were the only defendants to appear at trial. In July 2013, a jury returned special verdicts in favor of Marty and Marie on their claim for strict liability, and awarded them damages totaling $1,525,000. That sum comprised $400,000 in economic damages to Marty and Marie, $375,000 in noneconomic damages to Marty, and $750,000 in noneconomic damages to Marie. The jury also allocated UCC a five percent share of comparative fault, and Elementis a three percent share of comparative fault.

In August 2013, Marty and Marie sought determinations of UCC's and Elementis's liability for damages. The trial court (Judge John J. Kralik) found that 20 percent of the settlement funds were reasonably allocated to future wrongful death claims. In view of that allocation, the court found that the settlement credits to which UCC and Elementis were entitled reduced their liability for economic damages "to zero" ( § 877 ). The court also ruled that

After Elementis answered the FAC, the parties stipulated to a stay of proceedings regarding the FAC until remittitur issued in the appeal. Later, in an unpublished opinion ( Marteney v. Union Carbide Corporation, et al. ) (Oct. 10, 2015, B252711), we affirmed the judgment in favor of Marty and Marie. Our remittitur issued on December 31, 2015.

Prior to trial on the FAC, Marie voluntarily dismissed her wrongful death claims, and respondents settled their claims against UCC for $75,000. In early September 2016, following a trial, a jury found that respondents suffered economic damages totaling $195,000 and noneconomic damages totaling $163,000. The jury allocated the damages as follows: to Bruce Marteney, $87,000 in economic damages and $44,000 in noneconomic damages; to Steve Marteney, $54,000 in economic damages and $44,000 in noneconomic damages; and to Chrystal Dahlstein, $54,000 in economic damages and $75,000 in noneconomic damages.

On September 27, 2016, the trial court (Judge Charles F. Palmer) entered judgment in favor of respondents on their wrongful death claims against Elementis. The judgment awarded economic damages totaling $195,000, subject to further adjustment due to prior settlements. The judgment also awarded noneconomic damages totaling $4,890, predicated on the jury's findings and the prior allocation of a three percent share of comparative fault to Elementis. The noneconomic damages were apportioned as follows: to Bruce Marteney, $1,320; to Steve Marteney, $1,320; and to Chrystal Dahlstein, $2,250.

In October 2016, Elementis requested a determination of settlement credits ( § 877 ). After concluding that Elementis was entitled to a credit based solely on respondents' settlement with UCC -- and not on Marty's and Marie's settlements -- the trial court found that Elementis was liable for economic damages totaling $154,149.25. In February 2017, the court amended the judgment to reflect that finding.

In March 2017, Elementis filed a motion to vacate the judgment in favor of respondents

A. 2017 Judgment

We begin with Elementis's challenge to the 2017 judgment, which Elementis contends is void for "lack of jurisdiction."

1. Standard of Review

In order to demonstrate that a judgment is void, a party may file a motion to vacate the judgment in the pertinent action or an independent action in equity. ( Preston v. Wyoming Pacific Oil Co. (1961) 197 Cal.App.2d 517 , 527, 17 Cal.Rptr. 443 .) Here, Elementis chose to attack the 2017 judgment by means of a motion under section 473, subdivision (d), which provides in pertinent part: "The court ... may, on motion of either party after notice to the other party, set aside any void judgment or order."

Under subdivision (d) of section 473, a party may challenge judgments that are " ' "absolutely void." ' " ( Tearlach Resources Limited v. Western States Internat., Inc. (2013) 219 Cal.App.4th 773 , 779, 162 Cal.Rptr.3d 110 ( Tearlach ), quoting Andrews v. Superior Court (1946) 29 Cal.2d 208 , 214-215, 174 P.2d 313 ( Andrews ).) That defect occurs when the trial court rendering the judgment lacked jurisdiction in the "fundamental sense," that is, lacked authority over the subject matter or parties. ( OC Interior Services, LLC v. Nationstar Mortgage, LLC (2017) 7 Cal.App.5th 1318 , 1330, 213 Cal.Rptr.3d 395 .) Such a judgment " ' "is, in legal effect, no judgment. ... Being worthless in itself, all proceedings founded upon it are equally worthless. [Citation.]" ' [Citation.]" ( Rochin v. Pat Johnson Manufacturing Co. (1998) 67 Cal.App.4th 1228 , 1240, 79 Cal.Rptr.2d 719 , quoting Bennett v. Wilson (1898) 122 Cal. 509 , 513-514, 55 P. 390 .) Because an absolutely void judgment is a nullity, it " 'may be attacked anywhere ... whenever it presents itself.' " ( Andrews , supra , 29 Cal.2d at p. 214, 174 P.2d 313 , quoting Estate of Pusey (1919) 180 Cal. 368 , 374, 181 P. 648 .)

Subdivision (d) of section 473 also permits challenges to judgments that are voidable, rather than absolutely void. ( Rodriguez v. Cho (2015) 236 Cal.App.4th 742 , 752, 187 Cal.Rptr.3d 227 ; see Sole Energy Co. v. Hodges (2005) 128 Cal.App.4th 199 , 210, 26 Cal.Rptr.3d 823 .) That defect arises when the trial court, in rendering the judgment, possessed fundamental jurisdiction over the subject matter and the parties, but acted "in excess of its jurisdiction." ( People v. American Contractors Indemnity Co. (2004) 33 Cal.4th 653 , 661, 16 Cal.Rptr.3d 76 , 93 P.3d 1020 ( American Contractors ).) Generally, a court exceeds its jurisdiction only by contravening certain defined limitations on the exercise of its powers ( People v. National Automobile & Casualty Ins. Co. (2000) 82 Cal.App.4th 120 , 125, 97 Cal.Rptr.2d 858 ); ordinary mistakes of law or procedure do not constitute

acts in excess of jurisdiction ( 2 Witkin, Cal. Procedure (5th ed. 2008) Jurisdiction, § 287, p. 894).

An error in excess of jurisdiction does not render a judgment a nullity; rather, the judgment "is valid until it is set

exceptions. When triggered, the automatic stay bars all proceedings that "directly or indirectly seek to 'enforce, vacate or modify [the] appealed judgment or order' " or "substantially interfere with the appellate court's ability to conduct the appeal." ( Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180 , 189-190, 25 Cal.Rptr.3d 298 , 106 P.3d 958 ( Varian ), quoting Elsea v. Saberi (1992) 4 Cal.App.4th 625 , 629, 5 Cal.Rptr.2d 742 ( Elsea ).) The function of the automatic stay rule is " 'to protect the appellate court's jurisdiction by preserving the status quo until the appeal is decided.' " ( Varian , supra , at p. 189, 25 Cal.Rptr.3d 298 , 106 P.3d 958 , quoting Elsea , supra , at p. 629, 5 Cal.Rptr.2d 742 .)

The principal effect of the automatic stay is to remove the trial court's subject matter jurisdiction relating to proceedings within the scope of the appeal. As our Supreme Court has explained, the stay divests the trial court of subject matter jurisdiction "over any matter embraced in or affected by the appeal during the pendency of that appeal." ( Varian, supra, 35 Cal.4th at pp. 196-197, 25 Cal.Rptr.3d 298 , 106 P.3d 958 .) Thus, section 916 renders any subsequent trial court proceedings on such matters "void -- and not merely voidable."

Bedolla v. Logan & Frazer (1975) 52 Cal.App.3d 118 , 135-136, 125 Cal.Rptr. 59 ; § 473, subd. (a)(1).) Furthermore, in suitable circumstances, the court may permit new parties to join or intervene in an action as plaintiffs (§§ 378, 387). Nonetheless, when an amended complaint seeks to add new plaintiffs and claims, the court's discretion is tightly confined by considerations of due process -- that is, potential unfairness to the defendant -- and the running of the applicable statute of limitations. ( 5 Witkin, Cal. Procedure (5th ed. 2008) Pleading, §§ 1217, 1234 - 1235, pp. 652, 671- 672.)

b. Analysis

We conclude that notwithstanding Elementis's appeal from the 2013 judgment, the filing of the FAC reflected no jurisdictional error sufficient to render the 2017 judgment void. Our focus is on respondents' wrongful death claims in the FAC, as any error capable of invalidating the 2017 judgment -- if it exists - - must relate to those claims. That is because the 2017 judgment encompassed only respondents' claims, which -- as noted above (see pt.A.2.a., ante ) -- were separate from Marie's wrongful death claim, which she dismissed prior to trial on the FAC.

In rejecting Elementis's challenge to the 2017 judgment, the trial court concluded that the parties' stipulation staying proceedings on the FAC acted to prevent any material jurisdictional error. The court stated: "The only actions taken by the superior court[ ] between the filing of the notice of appeal and the issuance of the court of appeal['s] remittitur were ... to accept the [FAC] for filing[ ] and ... to accept for filing the stipulation staying the

separate from Marie's wrongful death claim ( Cross, supra, 60 Cal.2d at p. 692, 36 Cal.Rptr. 321 , 388 P.2d 353 ), they did not implicate the 2013 judgment in favor of Marty and Marie in any way. Accordingly, the appeal did not deprive the trial court of subject matter judgment over respondents' claims.

Moreover, even had the trial court exceeded its jurisdiction in permitting respondents to assert their claims while the appeal was pending, Elementis failed to preserve any such contention of error. " 'An appellate court will ordinarily not consider procedural defects or erroneous rulings, in connection with relief sought or defenses asserted, where an objection could have been, but was not, presented to the lower court by some appropriate method .... The circumstances may involve such intentional acts or acquiescence as to be appropriately classified under the headings of estoppel or waiver .... Often, however, the explanation is simply that it is unfair to the trial judge and to the adverse party to take advantage of an error on appeal when it could easily have been corrected at the trial.' [Citation.]" ( Doers v. Golden Gate Bridge etc. Dist. (1979) 23 Cal.3d 180 , 184-185, fn. 1, 151 Cal.Rptr. 837 , 588 P.2d 1261 , italics omitted.)

Generally, the failure to object in a timely manner to the assertion of new claims bars contentions of error predicated on that irregularity. In Groom v. Bangs (1908) 153 Cal. 456 , 458, 96 P. 503 ( Groom ), a married couple filed a complaint for personal injury, alleging that the defendant doctor engaged in medical malpractice regarding the wife. After the wife died, with leave from the trial court, the husband filed an amended complaint, asserting a single wrongful death claim as the sole plaintiff. ( Ibid . ) In successfully demurring to the amended complaint, the defendant contended only that the wrongful death allegations were insufficient. ( Id . at pp. 457-458, 96 P. 503 .)

Upon determining that the amended complaint stated a wrongful death claim, our Supreme Court reversed, even though it recognized that the trial court had erred in permitting the husband to assert that claim. ( Groom , supra , 153 Cal. at pp. 458-459, 96 P. 503 .) The Supreme Court stated: "[The wrongful death claim] is a cause of action entirely different from that sued on in the original complaint. The filing of the amended ... complaint was, in effect, a

neither the appeal from the 2013 judgment nor our remittitur in that appeal deprived the trial court of subject matter jurisdiction over respondents' wrongful death claims.

Elementis contends the trial court necessarily lacked jurisdiction over respondents' claims because they were first alleged following the 2013 judgment, arguing that "[w]hat happened here was not the

2. Underlying Proceedings

In July 2013, following the trial on the claims in the original complaint, the jury awarded Marty and Marie $400,000 in economic damages. Later, Marty and Marie sought determinations of the settlement credits to be applied to offset the jury's award of economic damages against UCC and Elementis. Marty and Marie contended that 50 percent of the funds from their pretrial settlements were properly allocated to claims not litigated at trial -- namely, prospective wrongful death claims based on Marty's death -- and that any credits due UCC and Elementis should be appropriately reduced to reflect that allocation. They maintained that UCC and Elementis were jointly and severally liable for $86,551.50 in economic damages, after the jury's award was offset by credits based on an allocation of 50 percent of the settlement funds to wrongful death claims.

UCC and Elementis opposed the determinations requested by Marty and Marie. Regarding economic damages, they contended that because Marty and Marie failed to show that the settlement agreements allocated any funds to prospective wrongful death claims, the appropriate settlement credits were sufficiently large to "reduce the economic damages to zero."

The trial court (Judge Kralik) found that only 20 percent of the settlement funds were reasonably allocated to future wrongful death claims. In view of that conclusion, the court further found that UCC and Elementis had no liability for economic damages, as the settlement credit offsets to which they were entitled exceeded the jury's $400,000 award for economic damages. The 2013 judgment reflected that determination.

In September 2016, following the jury trial on respondents' wrongful death claims, the trial court (Judge Palmer) entered judgment in favor of respondents and against Elementis. The judgment awarded economic damages totaling $195,000, in accordance with the jury's findings, with the proviso that "offsets for

based on Marty and Marie's settlements "would be contrary to ... section 877." Respondents further contended the prior finding regarding Marty's and Marie's settlements did not bind them because they "were never parties to [those settlements] ..., never granted permission to anyone to settle their claims, and ... never agreed to settle/waive their claims against any defendant other than [UCC]." Respondents thus maintained that Elementis was entitled to a credit amounting to $40,851.75, based only on the UCC settlement.

The trial court agreed with respondents, concluding that "there [was] no basis for subjecting the verdict in [respondents'] wrongful death trial to offset by the settlements obtained by Marty and Marie." The court found that respondents had not participated in the litigation of Marty's and Marie's claims or in the negotiation of their settlement agreements, and that Marty and Marie agreed "to indemnify the settling defendants" in the event Marty's heirs later pursued a wrongful death case against them. The court determined Elementis's aggregate liability for economic damages to be $154,149.25 -- reflecting a settlement credit of $40,851.75 -- and entered an amended judgment in accordance with that finding.

3. Analysis

As explained below, we discern no error in the trial court's determinations. "We generally review a ruling granting or denying a section 877 settlement credit under the deferential abuse of discretion standard. [Citation.] To the extent that we must decide whether the trial court's ruling was consistent with statutory requirements, we apply the independent standard of review. [Citation.]" ( Wade v. Schrader (2008) 168 Cal.App.4th 1039 , 1044, 85 Cal.Rptr.3d 865 .)

Although no decision has directly examined when claims asserted by nonsignatories to a settlement agreement are properly subject to settlement credits under section 877, we find guidance on Elementis's contention from Wilson , supra , 81 Cal.App.4th 847 , 97 Cal.Rptr.2d 240 and Hackett , supra , 98 Cal.App.4th 1233 , 120 Cal.Rptr.2d 662 . In Wilson , a husband and wife asserted claims for personal injury and loss of consortium against numerous defendants, alleging that the asbestos products they made or marketed caused the husband's mesothelioma. ( Wilson , supra , at pp. 850-851, 97 Cal.Rptr.2d 240 .) Prior to trial, the plaintiffs entered into settlements with all but one defendant. The agreements encompassed funds for potential wrongful death claims by the husband's heirs, and contained undertakings by the plaintiffs to hold the settling defendants harmless from any wrongful death

action against them. ( Id . at p. 859, 97 Cal.Rptr.2d 240 .) After a jury found the nonsettling defendant liable for economic damages, the trial court excluded all settlement funds allocated to potential

DISPOSITION

The judgment and orders of the court are affirmed. Respondents are awarded their costs on appeal.

We concur:

WILLHITE, J.

COLLINS, J.