Opinion

Snover v. Gupta

Court
California Court of Appeal
Filed
Nov 18, 2025
Status
Published
Cited by
0 cases
Authority
More cited than 37.0%

The opinion

Filed 11/18/25

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

ADRIA SNOVER, as represented,

etc., A172568

Plaintiff and Appellant,

v. (Riverside County Super.

ARUNA GUPTA, Ct. No. RIC1905783)

Defendant and Respondent.

Adria Snover, through her spouse and guardian ad litem Jordan

Callihan, appeals from a judgment awarding her $4,353,225 in damages

against Dr. Aruna Gupta. She sued after medical complications during a

cesarean section left her in a permanent coma. The jury awarded her close to

$7.5 million in economic damages and $10 million in noneconomic damages.

Before trial, she reached settlements with another doctor and with Riverside

Community Hospital (the hospital). On appeal, she asserts three errors in

the way the trial court reduced the damages award to account for the pretrial

settlements and the jury’s finding that Gupta’s proportionate responsibility

for Snover’s injury was 15 percent, with other tortfeasors 85 percent at fault.

Snover’s first claim of error arises from the interaction of two laws:

Civil Code section 3333.2 (the Medical Injury Compensation Reform Act, or

MICRA), which at the time capped noneconomic damages for professional

negligence claims against health care providers at $250,000 (since raised to

$350,000), and Civil Code section 1431.2 (often referred to as Proposition 51,

1

the 1986 initiative measure that enacted it), which provides that liability for

noneconomic damages in every case is several only, with each defendant’s

liability allocated based on that defendant’s percentage of fault.1 Because the

tortfeasors here are all health care providers subject to MICRA, existing case

law required the trial court first to apply the statutory cap to the jury’s

noneconomic damages award and then to hold Gupta liable for 15 percent of

it, or $37,500. (See Gilman v. Beverly California Corp. (1991) 231 Cal.App.3d

121, 128–129 (Gilman).) Snover contends that the Gilman rule has been

undermined by the Supreme Court’s subsequent decision in Rashidi v. Moser

(2014) 60 Cal.4th 718 (Rashidi), which held that the MICRA cap applies only

to damages ordered by the court and does not include money the plaintiff

recovers in settlements—although we hasten to point out that, at least in

dictum, the Rashidi court endorsed the very approach that Snover would

have us abandon. Nonetheless, she argues that the order of operations

should be reversed, meaning the trial court should have first multiplied the

jury’s $10 million noneconomic damages award by Gupta’s 15 percent

responsibility, resulting in $1.5 million, and then capped it at $250,000

pursuant to MICRA.

1 Unless otherwise stated, statutory references that follow are to the

Civil Code. The MICRA cap was raised to $350,000 in January 2023.

(Stats. 2022, ch. 17, § 3, eff. Jan. 1, 2023.) We refer to the former version of

the statute that was operative through December 31, 2022. Subdivision (a) of

section 1431.2 provides: “In any action for personal injury, property damage,

or wrongful death, based upon principles of comparative fault, the liability of

each defendant for non-economic damages shall be several only and shall not

be joint. Each defendant shall be liable only for the amount of non-economic

damages allocated to that defendant in direct proportion to that defendant's

percentage of fault, and a separate judgment shall be rendered against that

defendant for that amount.”

2

Snover’s second, and (in her view) related, claim of error involves the

addition of a third law to the mix. In contrast to noneconomic damages,

liability for economic damages is joint. Civil Procedure Code section 877

allows a nonsettling defendant to set off the amount of any jointly liable

tortfeasors’ settlement against the damages awarded at trial.2 The court

must determine what portion of the settlement should be deemed to cover

economic losses—the portion for which joint liability exists—since only that

amount may be applied as a setoff (and only against the jury’s award of

economic damages). (Rashidi, supra, 60 Cal.4th at p. 722.) The widely

accepted methodology is to calculate the percentage of the jury’s total award

that was allocated to economic damages, and then to apply the same

percentage to the settlements. (Espinoza v. Machonga (1992) 9 Cal.App.4th

268, 275–277 (Espinoza).) Dividing the roughly $7.5 million economic

damages award in this case by the total award of $17.5 million yields a figure

of approximately 43 percent, which would mean that Gupta could set off

43 percent of Snover’s settlement amounts against the jury’s award of

economic damages. But the case law requires an initial step when MICRA

applies: The court first reduces the jury’s noneconomic damages award to the

MICRA cap, making the total award lower and, by extension, the percentage

of it that consists of economic damages higher. (Mayes v. Bryan (2006)

2 “Where a release, dismissal with or without prejudice, or a covenant

not to sue or not to enforce judgment is given in good faith before verdict or

judgment to one or more of a number of tortfeasors claimed to be liable for

the same tort, or to one or more other co-obligors mutually subject to

contribution rights, it shall have the following effect: [¶] (a) It shall not

discharge any other such party from liability unless its terms so provide, but

it shall reduce the claims against the others in the amount stipulated by the

release, the dismissal or the covenant, or in the amount of the consideration

paid for it, whichever is the greater.” (Code Civ. Proc., § 877.)

3

139 Cal.App.4th 1075, 1102–1103 (Mayes).) This adjustment allowed Gupta

to apply almost 97 percent of the settlement amounts as a setoff against the

jury’s economic damages award. Again in reliance on Rashidi, Snover argues

that the Mayes rule is incorrect, i.e., there is no valid reason to apply the

MICRA cap to the jury’s noneconomic damages award before calculating the

“Espinoza percentage” applicable to the settlements.

In her final claim of error, Snover contends that, when the trial court

valued the settlements for purposes of calculating the setoff, it should have

excluded the amount of the hospital’s settlement that the parties allocated to

the compromise of her minor son’s potential future wrongful death claim.

Because the settlement had been approved by the probate court, she argues

that it was impermissible for the trial court to treat her as the recipient of

funds that her son obtained from the settlement.

Correcting for these three asserted errors, Snover contends that the

trial court should have awarded her $6,426,844 in total damages, consisting

of $6,176,844 in economic damages (rather than $4,315,724) and $250,000 in

noneconomic damages (rather than $37,500). As explained below, we

conclude that she has not established a basis to disturb the judgment.

BACKGROUND

Snover sued Gupta, the hospital, and another doctor. The complaint

alleged that these defendants, all subject to MICRA, negligently diagnosed

and treated her, causing her to fall into a permanent coma. The hospital

settled for $2.5 million, from which Snover claims her son received $250,000

in exchange for waiving his right to bring a future wrongful death action. A

probate court order addressed the settlement between Snover and the

hospital and authorized the disbursement of $250,000 from that settlement to

her son. The other doctor, Neel Pandya, settled for $1 million. Excluding

4

$250,000 that went to Snover’s husband in exchange for dismissing his loss of

consortium claim and that the parties agree should not be counted, Snover

thus received a total of either $3 million or $3.25 million from the two

settlements, depending on whether one includes the $250,000 that the

hospital settlement allocated to her son.3

Trial proceeded solely against Gupta. In a special verdict, the jury

awarded Snover $17,458,474 in total damages: $7,458,474 in economic

damages and $10 million in noneconomic damages. The jury allocated

responsibility for Snover’s injury as follows: 15 percent to Gupta, 80 percent

to Pandya, and 5 percent to a nurse, Virginia Lozano.

After the verdict, the principal dispute concerned how the court should

reduce Gupta’s liability to account for Snover’s prior settlements. Snover

argued that the court should divide the jury’s economic damages award of

$7,458,474 by its total award of $17,458,474, yielding a ratio of .42721, or

approximately 42.7 percent, and apply that percentage to a settlement value

of $3 million. Instead, consistent with the Mayes rule, the court first reduced

the noneconomic damage award from $10 million to $250,000 pursuant to

MICRA, for a total damage award of $7,708,474 ($7,458,474 in economic

damages plus $250,000 in noneconomic damages). The court then calculated

the ratio of economic damages to total damages as 96.7 percent ($7,458,474 in

3 The settlement agreement submitted to the probate court shows the

amount of the husband’s settlement with the hospital as $200,000 rather

than $250,000, but the parties’ papers in the trial court identified the value

as $250,000, and the trial court excluded that amount from the settlement.

We disregard the apparent discrepancy because on appeal the parties

continue to agree that $250,000 should be excluded for the husband’s

settlement; the only note of disagreement is that Snover wrote in her opening

brief that the $250,000 came from the settlement with Pandya, which Gupta

then pointed out was not supported by information in the record.

5

economic damages ÷ $7,708,474 × 100). Apparently rejecting Snover’s

argument that the $250,000 allocated to her son in the settlement with the

hospital should be excluded, the court determined that Gupta was entitled to

an offset of $3,142,750 from the settlements with the other defendants

($3.25 million × 96.7 percent). This calculation resulted in a total adjusted

award against Gupta of $4,315,724 in economic damages ($7,458,474 –

$3,142,750).

With respect to noneconomic damages, again, the court followed the

Gilman rule by applying the MICRA cap first, holding that Gupta was liable

for 15 percent, or $37,500, of the capped award. It rejected Snover’s

argument that Gupta was liable for $250,000 in noneconomic damages,

representing application of the cap to 15 percent of the jury’s $10 million

award.

The court entered judgment against Gupta consistent with these

calculations, in the amount of $4,353,225.

DISCUSSION

I.

Snover’s first claim of error asks us to reject the Gilman rule as

inconsistent with Rashidi.4 Because Gilman and Mayes (which followed and

applied Gilman) both relied on the Supreme Court’s account of the history

4 Gupta initially argued that Snover forfeited her claims of error

because she voluntarily submitted a proposed judgment that adopted the

approach now challenged without maintaining her earlier objections to it. At

oral argument, however, Gupta’s counsel volunteered that this argument was

not well taken, and we accept the concession. Snover was not required to

continue to object after the trial court had selected between the parties’

competing methodologies (see Mary M. v. City of Los Angeles (1991) 54 Cal.3d

202, 212–213; Norgart v. Upjohn Co. (1999) 21 Cal.4th 383, 403), and the

record does not show that the court was ever misinformed about Snover’s

position.

6

leading to the passage of Proposition 51 when they concluded that the

MICRA cap should be applied first, we start with a brief review of that

history as well. (See Gilman, supra, 231 Cal.App.3d at pp. 127–128; Mayes,

supra, 139 Cal.App.4th at pp. 1101–1102.)

A.

Prior to the adoption of comparative negligence principles in the mid-

1970s, the contributory negligence rule meant that a jury’s finding that a

plaintiff “was at all negligent, no matter how slight,” in bringing about the

injury would preclude the plaintiff “from obtaining any recovery whatsoever.”

(Evangelatos v. Superior Court (1988) 44 Cal.3d 1188, 1196 (Evangelatos).)

For defendants, by contrast, the joint and several liability rule meant that a

finding of even minimal negligence rendered them liable for all the damages,

“even if other concurrent tortfeasors had also been partially, or even

primarily, responsible for the injury.” (Ibid.) Moreover, “the governing rules

at the time gave the plaintiff unilateral authority to decide which defendant

or defendants were to be sued,” and a defendant “generally had no right to

bring other tortfeasors into the action, even if the other tortfeasors were

equally or more responsible.” (Id. at pp. 1196–1197.)

As Evangelatos further explained, two cases altered this common law

structure. First, in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, the court

adopted the comparative negligence doctrine to replace the contributory

negligence rule, so that a contributorily negligent plaintiff was no longer

barred recovery, “ ‘but the damages awarded shall be diminished in

proportion to the amount of negligence attributable to the person recovering.’

” (Evangeletos, supra, 44 Cal.3d at p. 1197.) Second, in American Motorcycle

Assn. v. Superior Court (1978) 20 Cal.3d 578, the court retained joint and

several liability, but allowed defendants to bring other tortfeasors into the

7

action through cross-complaints and to obtain equitable indemnity from other

defendants on a comparative fault basis, “thus permitting a fair

apportionment of damages among tortfeasors.” (Evangeletos, at p. 1197.)

Notwithstanding these and other related developments, “the retention

of the common law joint and several liability doctrine produced some

situations in which defendants who bore only a small share of fault for an

accident could be left with the obligation to pay all or a large share of the

plaintiff’s damages if other more culpable tortfeasors were insolvent.”

(Evangeletos, supra, 44 Cal.3d at p. 1198.) Proposition 51 was intended to

address this issue. “While recognizing the potential inequity in a rule which

would require an injured plaintiff who may have sustained considerable

medical expenses and other damages as a result of an accident to bear the

full brunt of the loss if one of a number of tortfeasors should prove insolvent,

the drafters of the initiative at the same time concluded that it was unfair in

such a situation to require a tortfeasor who might only be minimally culpable

to bear all of the plaintiff’s damages. As a result, the drafters crafted a

compromise solution: Proposition 51 retains the traditional joint and several

liability doctrine with respect to a plaintiff’s economic damages, but adopts a

rule of several liability for noneconomic damages, providing that each

defendant is liable for only that portion of the plaintiff’s noneconomic

damages which is commensurate with that defendant’s degree of fault for the

injury.” (Ibid.)

As the Supreme Court later explained, “The express purpose of

Proposition 51 was to eliminate the perceived unfairness of imposing ‘all the

damage’ on defendants who were ‘found to share [only] a fraction of the fault.’

(§ 1431.1, subd. (b).) In this context, the only reasonable construction of

section 1431.2 is that a ‘defendant[’s]’ liability for noneconomic damages

8

cannot exceed his or her proportionate share of fault as compared with all

fault responsible for the plaintiff’s injuries, not merely that of ‘defendant[s]’

present in the lawsuit.” (DaFonte v. Up-Right, Inc. (1992) 2 Cal.4th 593, 603

(DaFonte).) But although the problem to which Proposition 51 responded

arose principally when another tortfeasor was insolvent, its application is not

limited to the situation “when insolvency prevents some tortfeasors from

contributing their fair share of damages.” (Ibid.) Rather, it “ ‘quite clearly is

simply intended to limit the potential liability of an individual defendant for

noneconomic damages to a proportion commensurate with that defendant’s

personal share of fault.’ ” (Ibid. [quoting Evangelatos, supra, 44 Cal.3d at

p. 1204.) As Gilman put it, “a defendant is not liable for that portion of

noneconomic damages attributable to a joint or concurrent tortfeasor, even if

the other tortfeasor is insolvent, or is not named as a defendant, or is immune,

or, for some other reason is beyond the jurisdiction of the court.” (Gilman,

supra, 231 Cal.App.3d at pp. 127–128, italics added.)

B.

In Gilman, the sole defendant was a nursing home. The jury found

that the total noneconomic damages were $400,000, and that the decedent’s

treating physician (who was not named as a defendant) was 10 percent at

fault. (Gilman, supra, 231 Cal.App.3d at p. 126.) Thus, the question was

whether the nursing home was liable for $250,000 (taking 90 percent of

$400,000, or $360,000, and then applying the MICRA cap to that amount), or

only $225,000 (90 percent of the MICRA-capped award). (Id. at p. 128.) The

plaintiff argued that two cases required the former approach: McAdory v.

Rogers (1989) 215 Cal.App.3d 1273 (McAdory) and Atkins v. Strayhorn (1990)

223 Cal.App.3d 1380, 1393 (Atkins). The Gilman court found those cases

distinguishable because neither one involved multiple tortfeasors subject to

9

MICRA; instead, the jury found that the plaintiffs’ own negligence

contributed to their injuries, and the defendants argued that the court should

first cap the damages award pursuant to MICRA and then reduce it further

by the plaintiffs’ comparative fault under Li v. Yellow Cab Co., supra,

13 Cal.3d 804. Reasoning from the premise that the jury’s award, rather

than the MICRA cap, is the true measure of the plaintiff’s noneconomic loss,

McAdory and Atkins held that the plaintiff’s comparative fault should instead

be applied to the jury’s (uncapped) noneconomic damages award, with the

MICRA cap then applied if the resulting amount still exceeded $250,000. If

the plaintiff’s noneconomic loss as determined by the jury and reduced by the

plaintiff’s comparative fault did not exceed the MICRA cap, there was no

need to reduce it further to ensure, as Li requires, that the plaintiffs did not

recover for a portion of the injury caused by their own negligence. (McAdory,

at p. 1278; Atkins, supra, 223 Cal.App.3d at p. 1393.)

As the Gilman court wrote, “[n]either McAdory nor Atkins dealt with

the interplay between Proposition 51 and the MICRA cap.” (Gilman, supra,

231 Cal.App.3d at p. 126.) Under Proposition 51, Gilman explained, the

liability of any tortfeasor cannot depend on the presence or absence of other

tortfeasors as defendants in the lawsuit or their ability to pay. (Id. at p. 128.)

As the court illustrated with a series of hypotheticals, when the jury

apportions liability among different tortfeasors, all of whom are subject to

MICRA, the only way to adhere to Proposition 51 is by applying the cap first,

such that the total liability of all of them together does not exceed it—i.e.,

regardless of whether some of them are absent or unable to pay. Plaintiffs

argued, for example, that if both the nursing home and the doctor had been

named as defendants, but the doctor was insolvent, it would do no violence to

either MICRA or Proposition 51 to collect the full $250,000 from the nursing

10

home—presumably on the theory that plaintiffs would obtain no more than

the cap (in accordance with MICRA) and the nursing home would not be held

liable for more than its 90 percent share of the noneconomic damages of

$400,000 (in accordance with Proposition 51). (Gilman, supra,

231 Cal.App.3d at p. 128.) The court responded: “However, it would do

violence to Proposition 51 to condition a defendant’s liability for noneconomic

damages upon whether other tortfeasors are solvent or not. It was precisely

this inequity that Proposition 51 was intended to remedy. To apply plaintiffs’

analysis would result in [the nursing home] owing an additional $40,000

simply because a concurrent tortfeasor, whose act of medical malpractice

contributed to the plaintiffs’ injury, was insolvent or not named in the

lawsuit.” (Id. at pp. 128–129.)

Mayes differed from Gilman in that it involved a settlement; all

defendants were subject to MICRA and some of them settled for a total of

$650,000 before trial. (Mayes, supra, 139 Cal.App.4th at p. 1098.)5 The jury

awarded $3 million in noneconomic damages and found that the settling

doctors were 80 percent responsible and the remaining defendants 20 percent

responsible. (Id. at p. 1087.) Following Gilman, the court concluded that the

trial court properly held the nonsettling defendants liable for $50,000 in

noneconomic damages, rather than $250,000 (based on application of the

MICRA cap to 20 percent of $3 million, or $650,000). (Id. at p. 1102.) After

quoting the Supreme Court’s statement that a defendant’s liability “ ‘ cannot

exceed his or her proportionate share of fault as compared with all fault

5 The suit was against “several physicians and nurses and their

institutions who had been involved in Mrs. Mayes’s treatment, including

Dr. David C. Bryan, M.D. and Hill Medical Corporation.” (Mayes, supra,

139 Cal.App.4th at p. 1079.) All but Dr. Bryan and Hill Medical Corporation

settled before trial. (Id., at p. 1098, fn. 13.)

11

responsible for the plaintiff’s injuries, not merely that of ‘defendant[s]’ present

in the lawsuit” ’ ” (DaFonte, supra, 2 Cal.4th at p. 603), the court agreed with

Gilman that McAdory and Atkins were irrelevant because they did not

involve Proposition 51. (Mayes, at p. 1102.) To hold the nonsettling

defendants liable up to the full MICRA cap because other defendants had

settled and were no longer before the court would run afoul of the rule under

Proposition 51 that “[p]laintiffs should bear the burden of undercontribution

of the settling parties.” (Mayes, at p. 1103, citing DaFonte, at p. 604, fn. 6.)

In cases in which the other tortfeasors found to be partially responsible

are not subject to MICRA, by contrast, courts have concluded that there is no

reason to cap the award before applying the defendant’s percentage of fault.

In Francies v. Kapla (2005) 127 Cal.App.4th 1381 (Francies), the plaintiff

sued his doctor for disclosing his medical condition to his employer and had

previously recovered from the employer in a wrongful termination action and

workers’ compensation proceedings. The doctor was found to be two-thirds at

fault, with the remaining third allocated to the employer. The court

concluded that the doctor’s two-thirds responsibility should be applied to the

total noneconomic damages of $425,000 (resulting in liability of $283,000,

then capped at $250,000), rather than to the MICRA-capped award. (Id. at

pp. 1388–1389.) In that context, the court observed, McAdory and Atkins

supplied the appropriate rule because the only difference was that the

doctor’s share of the fault “must be reduced to reflect the responsibility of a

third party rather than of the plaintiff himself,” and “MICRA provides no

justification for reducing the damages for which he may be held liable below

that amount because a third party to whom MICRA does not apply was also

partially at fault.” (Id. at p. 1388, italics added.) The court distinguished

Gilman on the ground that, in that case, “the third party who shared

12

responsibility for the plaintiff’s injury was also a health care provider,

making it necessary, in effect, to apportion the $250,000 MICRA limit.” (Id.

at p. 1389.)

Similarly, in Bigler-Engler v. Breg, Inc. (2017) 7 Cal.App.5th 276

(Bigler-Engler), the court followed Francies where the jury returned a verdict

against three defendants, only one of whom was subject to MICRA. (Id. at

p. 328.) Although the other tortfeasors in Bigler-Engler were parties, rather

than a non-party as in Francies, the court found the difference irrelevant

because in both cases there was only one tortfeasor subject to the cap. (Ibid.)

Like Francies, however, the court acknowledged that the cap must be applied

first in cases where there are multiple tortfeasors subject to MICRA, citing

Gilman and Mayes. (Ibid.)

C.

Rashidi involved a plaintiff who sued his treating physician, a hospital,

and a medical device manufacturer (which was not subject to MICRA), and

settled with the latter two defendants. In the trial against the doctor, the

jury made no findings about the percentage fault of the settling defendants,

and awarded over $1.3 million in noneconomic damages, which the trial court

reduced to $250,000. The question before the Supreme Court was whether

the capped noneconomic damages award “may be further diminished by

setting off the amount of a pretrial settlement attributable to noneconomic

losses, even when the defendant who went to trial failed to establish the

comparative fault of the settling defendant.” (Rashidi, supra, 60 Cal.4th at

p. 720.) The court said no, observing that “[i]t would be anomalous to allow a

defendant to obtain a setoff against damages for which he is solely liable.”

(Ibid.)

13

The Court of Appeal had reasoned that MICRA limits a plaintiff’s total

recovery for noneconomic losses to $250,000 whether in court or outside of it,

and therefore that if a plaintiff settles with another tortfeasor who is subject

to MICRA, any portion of the settlement attributable to noneconomic losses

must be deducted from the capped damages award notwithstanding the

nonsettling defendant’s failure to prove any degree of fault on the part of the

settling defendant. (Rashidi, supra, 60 Cal.4th at p. 724.) The Court of

Appeal thus “concluded that MICRA, as the more specific statute, must be

read as an exception to section 1431.2’s more general limitation on liability

for noneconomic damages according to proportionate fault.” (Ibid.)

The Supreme Court disagreed that the MICRA cap applies to recoveries

obtained through settlement, drawing on the distinction between “losses” and

“damages”: Subdivision (a) of former section 3333.2 provided that “[i]n any

action for injury against a health care provider based on professional

negligence, the injured plaintiff shall be entitled to recover noneconomic

losses to compensate for pain, suffering, inconvenience, physical impairment,

disfigurement and other nonpecuniary damage,” whereas subdivision (b)

provided that “[i]n no action shall the amount of damages for noneconomic

losses exceed two hundred fifty thousand dollars ($250,000).” Noting that the

term “damages” is a “subset” of losses, and refers to “ ‘ “money ordered by a

court,” ’ ” Rashidi concluded that MICRA places no limits on the

“noneconomic losses” that may be recovered through a settlement. (Rashidi,

supra, 60 Cal.4th at p. 725.) Since the Legislature did not intend “to include

settlement recoveries in the cap on noneconomic damages,” the statute did

not require a court to offset against a capped noneconomic damages award

any amounts recovered for noneconomic losses through settlements. (Id. at

14

p. 726.) The conflict that the Court of Appeal perceived between the two

statutes therefore did not exist.

As the Supreme Court again emphasized at the end of the opinion,

however, the setoff was unwarranted because the doctor had failed to prove

that anyone else bore any responsibility for the plaintiff’s injury, meaning

that, contrary to Proposition 51, the Court of Appeal had allowed him “a

setoff against damages for which he alone was responsible.” (Rashidi, supra,

60 Cal.4th at p. 727.) The court added, however: “Had [the doctor]

established any degree of fault on his codefendants’ part at trial, he would

have been entitled to a proportionate reduction in the capped award of

noneconomic damages.” (Ibid.) Therein lies the problem for Snover’s

argument. Here, Gupta established that other tortfeasors were 85 percent at

fault, so by holding her liable for 15 percent of the capped award, the trial

court did exactly what Rashidi contemplates in that situation.

Snover points out that the court in Bigler-Engler found this statement

was dictum “since it expressed views on a factual situation not before the

Supreme Court (i.e., the result if the nonsettling defendant had proved fault

on the part of the settling defendants) and was therefore not necessary for its

decision.” (Bigler-Engler, supra, 7 Cal.App.5th at p. 330.) But Bigler-Engler

found the dictum unpersuasive only when read to mean that a defendant is

entitled to a proportionate reduction in the capped award even when the

other defendants are not subject to MICRA. It noted that the Supreme Court

did not expressly consider the significance of the fact that one of the settling

defendants in the case was not a health care provider subject to MICRA, and

a “line of appellate authorities”—like Francies—had already concluded that

there should be no reduction to a capped award of noneconomic damages

based on the fault of a third party to whom MICRA does not apply. (Ibid.)

15

Bigler-Engler declined to assume that, by making a statement in dictum that

was inconsistent with prior case law it did not mention, the Supreme Court

intended to overrule that authority.

But the situation is different here. When all defendants are subject to

MICRA, as in this case, the court’s dictum was consistent with the rule in

prior case law; indeed, the court cited Gilman in the opinion without any

disapproval. (Rashidi, supra, 60 Cal.4th at p. 723.) As Bigler-Engler noted,

“[a]s an intermediate appellate court, we do not lightly disregard dictum from

our Supreme Court.” (Bigler-Engler, supra, 7 Cal.App.5th at p. 330.) Thus,

even though we may not be bound by the statement in Rashidi, we will not

reach a result that is contrary to it without a persuasive showing that it is

incorrect, and—as Snover claims—inconsistent with the court’s actual

holding. We now explain why we conclude that Snover has failed to make

that showing.

D.

Snover rests her argument on two premises, both of which are correct.

The first is the same premise that drove the result in McAdory and Adkins

(and by extension in Francies and Bigler-Engler): Although MICRA limits

the amount of noneconomic damages that a plaintiff can recover, the jury’s

award of noneconomic damages is the actual measure of the plaintiff’s

noneconomic loss. (McAdory, supra, 215 Cal.App.3d at p. 1278; Atkins,

supra, 223 Cal.App.3d at p. 1393.) As the Supreme Court itself has

explained, “[t]he $250,000 cap . . . is not a legislative attempt to estimate the

true damages suffered by plaintiffs, but rather an attempt to control and

reduce medical malpractice insurance costs by placing a predictable, uniform

limit on the defendant’s liability for noneconomic damages.” (Salgado v.

County of Los Angeles (1998) 19 Cal.4th 629, 641.) The second premise comes

16

from Rashidi: The MICRA cap does not include any compensation for

noneconomic losses the plaintiff recovers through settlement. (Rashidi,

supra, 60 Cal.4th at p. 726.) Because the premises are correct, the question

is whether they warrant the conclusion Snover draws from them. As she

puts them together: Since (1) her actual noneconomic loss was $3 million and

Gupta was responsible for 15 percent of that loss (based on the jury’s

findings), and (2) anything Snover recovered for noneconomic losses in her

settlement with the hospital is not subject to the MICRA cap, it contravenes

neither MICRA nor Proposition 51 to hold Gupta liable for $250,000 in

noneconomic damages.

According to Snover, Gilman arrived at a different result based on a

premise that Rashidi has since qualified: “Under MICRA, where more than

one health care provider jointly contributes to a single injury, the maximum a

plaintiff may recover for noneconomic damages is $250,000.” (Gilman, supra,

231 Cal.App.3d at p. 128.) In her view, because Rashidi holds that this

statement is true only for court-ordered damages and not for settlement

recoveries, there is no reason to treat a settlement with a MICRA tortfeasor

differently from a settlement with a non-MICRA tortfeasor; both of them lie

outside MICRA’s scope. And when the other tortfeasors are not subject to

MICRA, the rule is that the nonsettling defendant’s proportionate

responsibility is applied to the jury’s uncapped noneconomic damages award,

with the cap then applied only if the resulting liability still exceeds it.

However, as quoted above, it was central to the courts’ reasoning in

both Gilman and Mayes that Proposition 51 does not permit a defendant’s

liability to vary depending on whether other tortfeasors found to be at fault

are currently before the court. (Gilman, supra, 123 Cal.App.3d at p. 128;

Mayes, supra, 139 Cal.App.4th at p. 1102.) While neither case considered an

17

argument that settlement recoveries are not subject to the MICRA cap, their

understanding of Proposition 51 likely would have rendered the point

irrelevant. To say that a defendant’s liability cannot be higher because other

tortfeasors are absent or unable to pay is to say that, for the purposes of

determining liability, the court must treat the defendant as if all other

identified tortfeasors are present and solvent. Here, if the hospital and both

doctors had gone to trial, the noneconomic damages would have been capped

at $250,000 pursuant to MICRA and would have been divided among them

based on the jury’s allocation of fault, with Gupta liable only for $37,500. It

was thus incumbent on Snover to explain either why this understanding of

Proposition 51 is incorrect, or why the imposition of greater liability on Gupta

is permissible under it simply because other tortfeasors the jury identified as

partially responsible for Snover’s injury were no longer “present in the

lawsuit.” (DaFonte, supra, 2 Cal.4th at p. 603.)

Snover fails to address this issue because she locates the problem

elsewhere: She contends that Gilman “presupposes that Section 3333.2 is a

legislative determination of damages.” But this contention is unexplained,

and we see no such presupposition in the opinion. While Gilman

distinguished McAdory on the ground that the case did not involve

Proposition 51, it nowhere disagreed with McAdory’s statement that the

jury’s award of noneconomic damages, rather than the MICRA cap, is the

actual measure of the plaintiff’s loss. Rather, as we have explained, the

Gilman rule was based on the court’s understanding that, under

Proposition 51, a tortfeasor’s liability for noneconomic damages does not

change depending on whether other tortfeasors responsible for the injury are

present in the lawsuit.

18

Without more, then, there is no inconsistency between Rashidi’s

holding that the MICRA cap does not apply to settlement recoveries and its

dictum that, under Proposition 51, when the jury has allocated responsibility

among multiple tortfeasors, the percentage fault of a nonsettling defendant

must be applied to the capped award (at least if the other tortfeasors are

health care providers subject to MICRA). Nor does there appear to be any

inconsistency between Rashidi’s endorsement of the Gilman rule and

Salgado’s holding that the jury’s award, rather than the MICRA cap, is the

measure of the plaintiff’s noneconomic loss. Accordingly, Snover has not

persuaded us that we should depart from the Gilman rule and disregard the

Supreme Court’s dictum in Rashidi.

II.

We turn now to the Mayes rule, which the trial court applied to

determine the amount of the pretrial settlements to be applied as setoff

against the jury’s award of economic damages. (Code Civ. Proc., § 877.) To

recap, under Proposition 51 it is necessary to allocate settlements between

economic and noneconomic damages because joint liability exists only for

economic damages, so “ ‘only the amount attributable to the joint

responsibility for economic damages may be used as an offset.’ ” (Rashidi,

supra, 60 Cal.4th at p. 722.) Or as Espinoza explained, because “each

defendant is solely responsible for his or her share of the noneconomic

damages,” to use any portion of the settlement attributable to noneconomic

damages as a setoff “would, in effect, cause money paid in settlement to be

treated as if it was paid as a joint liability.” (Espinoza, supra, 9 Cal.App.4th

at pp. 276–277.)

Under Espinoza’s methodology, the court calculates the percentage of

the jury’s total award that was allocated to economic damages, and then

19

applies the same percentage to the settlements to determine the setoff.

(Espinoza, supra, 9 Cal.App.4th at pp. 276–277.) The problem to which

Espinoza responds is that settling parties rarely allocate the proceeds

between economic and noneconomic losses, and even if they did so, their

allocation would be “inherently suspect” as a basis for determining a setoff.

(Greathouse v. Amcord, Inc. (1995) 35 Cal.App.4th 831, 841.) That is because

“[t]he negotiated allocation between economic and non-economic damages will

inevitably reflect a bias against economic damages that is prejudicial to a

nonsettling defendant. The plaintiff has an interest in allocating as little as

possible of the settlement to economic damages; the smaller the allocation to

economic damages, the less the nonsettling defendants can claim as a credit

against a verdict or judgment in the plaintiff’s favor. [Citation.] The settling

defendants have no incentive to oppose the plaintiff’s allocation because they

are entirely unaffected by it.” (Ibid.) The Espinoza methodology “eliminates

this kind of bargaining at the non-settling defendant’s expense.” (Torres v.

Xomox Corp. (1996) 49 Cal.App.4th 1, 38 (Torres).)

Courts have recognized, however, that there are some circumstances in

which a departure from Espinoza is warranted. For example, if the plaintiff

dies after the settlement but before trial, the jury’s verdict may not supply an

appropriate allocation because damages for pain and suffering were available

at the time of settlement but not at the time of trial. (Ehret v. Congoleum

Corp. (1999) 73 Cal.App.4th 1308, 1319, 1322.) Or if a defendant settles after

the jury has rendered its verdict, so that both sides already know the

defendant’s actual liability, the portion of the settlement allocated to

noneconomic damages should not exceed the defendant’s liability established

by the jury’s verdict. (Torres, supra, 49 Cal.App.4th at pp. 39–42.)

Otherwise, the excess allocation to noneconomic damages would operate as a

20

“windfall” to the plaintiff, allowing the plaintiff to recover more from the

settlement and judgment together than the plaintiff would recover by

collecting the full amount of the judgment against the defendants in the

absence of a settlement. (Id. at p. 40.) “The prospect of such a windfall could

become a factor in settlement negotiations, with the plaintiff agreeing to

accept a lesser amount than it otherwise would because the shortfall could be

collected from the nonsettling defendant. Thus, one of the concerns which led

to adoption of the Espinoza approach for pre-verdict settlements—bargaining

at the expense of the non-settling defendants [citation]—suggests that a

different approach should be used for postverdict settlements.” (Ibid.)

The Mayes rule is another instance of a departure from the standard

application of the Espinoza formula; again, when both the settling and

nonsettling defendants are subject to MICRA, it requires the court to first

reduce the jury’s total award by applying the statutory cap to the non-

economic damages portion. (Mayes, supra, 139 Cal.App.4th at pp. 1102–

1103.) According to Snover, this approach rests on the same error she finds

in the Gilman rule; namely, it incorrectly assumes that the MICRA cap is the

actual measure of plaintiff’s noneconomic loss rather than a limitation on the

amount of any recovery at trial. But just as we were unpersuaded in our

discussion above that the Gilman rule requires such an assumption, we are

unpersuaded that the Mayes rule does either.

As we see it, the rule reflects the fact that, before deciding whether to

settle, all parties know that at trial no defendant’s liability for noneconomic

damages can exceed the MICRA cap. Rashidi explained that the MICRA cap

indirectly “restrains the size of settlements” because the settlement

negotiations “are based on liability estimates that are necessarily affected by

the cap.” (Rashidi, supra, 60 Cal.4th at p. 727.) Using the Espinoza

21

methodology without applying the MICRA cap would ignore this reality by

permitting the allocation of settlement dollars to noneconomic losses in an

amount far in excess of any defendant’s possible liability for them.6 Here, the

Espinoza methodology would treat 57.3% of the $3.25 million Snover received

from her settlements, or over $1.86 million, as noneconomic damages, which

is more than seven times the amount of the defendants’ maximum liability

under MICRA individually or collectively. When MICRA does not apply, the

Espinoza methodology results in an allocation between economic and

noneconomic losses that the settling parties themselves might reasonably

have made given the uncertainty that existed at the time and in the absence

of an ulterior motive to reduce any later setoff. (See Torres, supra,

49 Cal.App.4th at p. 39 [in a preverdict settlement, “the parties are dealing

with unknowns and the settlement is based on potential, rather than actual,

liability”].) But the same cannot be said when MICRA applies. Although the

settling defendant’s proportionate responsibility for noneconomic damages is

unknown, its maximum possible liability is established by the MICRA cap.

6 This is how we understand the Mayes court’s statement that a failure

to apply the MICRA cap before calculating the Espinoza percentage would

“run[] afoul of the care of Gilman to assure that the liability of an individual

defendant for noneconomic damages was limited to an amount commensurate

with that defendant’s personal share of fault.” (Mayes, supra,

139 Cal.App.4th at p. 1103.) We read this sentence to refer to the nonsettling

defendants’ proportionate share of the MICRA capped recovery against them,

but we note that the setoff under the Mayes rule is not tied to the

proportionate responsibility of each tortfeasor for noneconomic losses. The

amount of the setoff under the rule is the same regardless of whether or how

the jury allocated fault among the settling and nonsettling defendants. That

is equally true of the standard Espinoza methodology, consistent with the

rule that the defendants are jointly liable for economic damages regardless of

their share of fault. (See Hellam v. Crane Co. (2015) 239 Cal.App.4th 851,

866; Poire v. C.L. Peck/Jones Brothers Construction Corp. (1995)

39 Cal.App.4th 1832, 1838–1840.)

22

(Cf. ibid. [in a postverdict settlement, where the settling parties already

know the defendant’s liability for noneconomic damages, no more of the

settlement corresponding to that liability “could fairly be viewed as a

payment on account of that liability”].)

The problem of unrealistic allocations of settlement dollars to

noneconomic damages, driven by the plaintiff’s motive to reduce the amount

of any setoff, is precisely what the Espinoza methodology was intended to

avoid. To be sure, its use when MICRA applies would not be equivalent to

allowing the settling parties to invent an allocation at the nonsettling

defendant’s expense. But because MICRA caps all defendants’ liability for

noneconomic damages, the Espinoza methodology will foreseeably over-

allocate settlement proceeds to noneconomic losses, and thus artificially

reduce the amount of any setoff, whenever the jury awards noneconomic

damages in excess of the cap. This result is in tension with the purpose of

Code of Civil Procedure section 877 to prevent double recoveries (Schreiber v.

Lee (2020) 47 Cal.App.5th 745, 760) and, as discussed in Torres, supra,

49 Cal.App.4th at page 40, potentially skews the plaintiff’s settlement

incentives. Contrary to Snover’s argument, however, nothing in this

rationale for the Mayes rule requires an assumption that the MICRA cap

furnishes the actual measure of the plaintiff’s noneconomic loss; it merely

recognizes that parties deciding whether to settle, and for how much, will

take into account that the defendant’s liability for noneconomic damages will

be capped by the statute if they go to trial. (Rashidi, supra, 60 Cal.4th at

p. 727.)

The Mayes rule does not apply when the prior recoveries were not

obtained from health care providers covered by MICRA. In Francies, the

court pointed out that “the MICRA cap had no effect on the amounts

23

recovered either from Francies’s employer or as workers’ compensation

benefits,” so “the relevant ratio is the actual economic damages as a

percentage of the total damages suffered by Francies, not the ratio between

the economic damages and the amount of damages that Francies can recover

from [the doctor].” (Francies, supra, 127 Cal.App.4th at p. 1387.) And

although the setoff for economic damages was not before the Supreme Court

in Rashidi, it noted that the Court of Appeal had adopted two different

approaches for that calculation. For the settlement with the medical device

manufacturer (which was not a health care provider subject to MICRA), the

court calculated the economic damages award as a percentage of the jury’s

total award, whereas for the settlement with the hospital, it took the

economic damages award as a percentage of the total award after reducing

the noneconomic portion to the MICRA cap. (Rashidi, supra, 60 Cal.4th at

pp. 722–723.) Nothing in the Supreme Court’s opinion calls into question the

Court of Appeal’s approach to the economic damages setoff in either respect.7

Snover cites Collins v. County of San Diego (2021) 60 Cal.App.5th 1035

(Collins), in which the jury found in favor of the plaintiff on a negligence

claim against two deputies involved in his arrest and two nurses employed by

the county who attended to him while in jail. Before trial, the plaintiff

settled for $2.75 million with a hospital and four of its doctors on his cause of

action for professional negligence. (Id. at pp. 1045–1046.) The jury awarded

noneconomic damages of $8 million and economic damages of approximately

7 Under the logic of Francies and the Court of Appeal’s approach in

Rashidi, the decisive consideration appears to be whether the settling

defendants were subject to MICRA rather than whether the nonsettling

defendants were. We have no occasion to address that issue here because, as

in Mayes itself, in this case both the settling and nonsettling defendants are

subject to MICRA.

24

$4.6 million; it found that the two deputies together were 30 percent at fault

and the two nurses 70 percent, and was not asked to allocate the fault of the

settling parties. (Id. at p. 1046 & fn. 5.) Without objection, the trial court

reduced the nurses’ liability for noneconomic damages to $250,000 (applying

the MICRA cap to 70 percent of $8 million). For the setoff calculation,

however, the trial court declined to apply the MICRA cap when determining

the percentage of the total award allocated to economic damages. (Id. at

pp. 1063–1064.) The appellate court found no error in this approach. It

distinguished Mayes on the ground that all the defendants there, “both

settling and nonsettling, were subject to the MICRA limit,” and that, “distinct

from this case, the jury was also tasked with determining the settling

defendants’ proportionate liability.” (Id. at p. 1065.) It further reasoned that

the trial court’s approach was supported by Rashidi’s holding that the

MICRA cap does not apply to settlement recoveries. (Id. at pp. 1066–1067.)

It explained: “Unlike the calculation advanced by the Mayes appellant, the

calculation by the trial court here did not run afoul of either MICRA or

Proposition 51. The County defendants were not held liable for any portion of

noneconomic damages attributed to another defendant by the finder of fact,

and received the benefit of MICRA.” (Id. at p. 1067.)

While some language in Collins may lend support to Snover’s position,

in our view it does so only insofar as it is in tension with the other cases we

have discussed. While two of the nonsettling defendants—the deputies—

were not subject to MICRA, the nurses were, and the settling parties were

likewise health care providers covered by the statute. The court

distinguished Mayes in part on the ground that the Collins jury made no

finding of the percentage fault of the settling parties (Collins, supra,

60 Cal.App.5th at p. 1065), but the proportionate responsibility of the settling

25

parties in Mayes played no role in the Espinoza calculation: The court

reduced the total damages award to the MICRA cap, not to the portion of it

($50,000) for which the nonsettling defendants were held liable. The settling

and nonsettling defendants, all of whom were subject to MICRA, collectively

could not have been held liable for more than the MICRA capped recovery

against them, regardless of how or whether the jury allocated responsibility

among them. The court acknowledged that it “seems sensible that all of the

defendants that are subject to MICRA (including those that have already

settled) should be responsible for the same or similar percentage of economic

and noneconomic damages,” but ultimately rejected such an approach on the

grounds that a “settlement and a damage award are not the same” and

“[w]hat the trier of fact would have awarded Collins for the settling

defendants’ conduct, and what portion of fault it would have allocated to

them is entirely speculative.” (Collins, supra, 60 Cal.App.5th at p. 1067.)

Taking these points in turn: First, it is true that settlement recoveries

can be affected by additional factors such as the defendant’s desire to avoid

the expense of litigation and potential negative publicity (Collins, supra, 60

Cal.App.5th at p. 1067), but while these considerations could lead a settling

party to pay somewhat more than its estimate of its likely total liability at

trial, they would not cause it to assume that its potential liability for

noneconomic damages could exceed the MICRA cap. (See Rashidi, supra, 60

Cal.4th at p. 727.) Second, the premise of joint liability, and of the setoff

under Code of Civil Procedure section 877, is that, regardless of whether all

tortfeasors are present, the plaintiff has suffered “ ‘one indivisible injury’ ” for

which the “jury verdict determined ‘the total amount of damages.’ ”

(Greathouse v. Amcord, Inc., supra, 35 Cal.App.4th at p. 840.) Thus, we see

no legal reason to speculate about whether the jury would have awarded

26

additional damages based on the conduct of the settling defendants. Third,

as noted above, the jury’s allocation of proportionate responsibility to the

settling parties did not affect the Espinoza calculation in Mayes, and more

generally has no impact on the amount of any setoff against the award of

economic damages. As in Mayes, if the settling parties in Collins had instead

gone to trial, the noneconomic damages for all of them and the nurses

together would have been capped at $250,000.

Lastly, we note that the only alternatives presented in the trial court

and on appeal were the Mayes rule and the Espinoza methodology (i.e.,

unadjusted by application of the MICRA cap to the jury’s award), so we have

no occasion to consider whether there are other possible approaches to the

problem. For the reasons we have discussed, Snover has not persuaded us

that the unadjusted Espinoza methodology is preferable to the Mayes rule

when all tortfeasors are health care providers subject to MICRA.

III.

Finally, we take up Snover’s argument that, when valuing her

settlement with the hospital, the trial court should have excluded the

$250,000 allocated to settle her son’s potential future wrongful death claim

because the settlement had been approved by the probate court. Gupta

responds that the probate court’s order does not constitute approval of any

settlement with Snover’s son and that the trial court was not required to

exclude the $250,000 if Snover failed to carry her burden to show that the

amount was reasonable and the product of adequately adversarial

negotiations. (See Jones v. John Crane, Inc. (2005) 132 Cal.App.4th 990,

1009–1011 (Jones).) We find no abuse of discretion.

The caption of the probate court order has the box checked for “person

with a disability,” rather than the box for “minor,” and the box checked for

27

“compromise of pending action,” making it, in full, an order approving the

compromise of a pending action for a person with a disability. The box for

“disputed claim,” which would be used for a potential action such as a

wrongful death claim that had not yet accrued, was not checked. Additional

boxes on the front page refer to Snover as the claimant, with the boxes

“adult” and a “person with a disability” checked. Snover’s son is a minor, not

an adult, and it does not appear from the record that he is a person with a

disability.

The order goes on to list disbursements from the total $2.5 million

settlement for various expenses and recipients, including for attorneys’ fees,

medical fee reimbursements, and the payment of a medical lien. Within the

list of disbursements, the order refers to the $250,000 disbursement to

Snover’s son in two places. The first reference is under a heading titled:

“Other authorized disbursements payable directly to third parties.” It states:

“$250,000 is to be allocated to [the son] . . . for his waiver of potential

wrongful death claim to be paid by way of an annuity purchased by [the

hospital].” The second reference is in an attachment describing the “amount

and terms of settlement,” which states that the total settlement amount is

$2,500,000, lists various disbursements from that amount, and describes

details of the purchase of an annuity for the son using the $250,000. The

order states that the undistributed remainder of $745,000 is to be used to

purchase an annuity and to establish a trust, both for Snover’s benefit.

In sum, the order appears only to have granted Snover’s petition for

approval of her settlement with the hospital, not to have approved an

agreement between the hospital and her son. Her son was not a party to the

action and no settlement agreement with him was submitted to the probate

court. Snover has not identified any authority establishing that the probate

28

court, in order to approve the hospital’s settlement with her, was required to

find that the amount allocated to her son was a reasonable compromise of his

interest in a potential future wrongful death claim or to make any other

particular finding about the purported settlement with her son. Albeit

without citing authority, Snover does assert that, because her son is a minor,

“[a]ny compromise of his right to file an action must be approved by the

court.” While we accept that the settlement of a minor’s action or claim

requires court approval (Code Civ. Proc., § 372, subd. (a)(3); Prob. Code,

§ 3500, subd. (b)), Snover offers no argument or authority that any approval

required here either was or properly could have been obtained by the filing of

a petition that, on its face, sought the probate court’s approval only of a

settlement with her (as a person with a disability) for a pending action to

which her son was not a party. Snover also does not show that she otherwise

sought or obtained a good-faith determination of the settlement with the

hospital. (Code Civ. Proc., § 877.6.) In the absence of such circumstances,

“the trial court was not bound by the allocations made” in the agreement.

(Jones, supra, 132 Cal.App.4th at p. 1009.)

“ ‘[W]here an allocation is made of settlement proceeds which will affect

the ultimate setoff or credit that a nonsettling defendant will receive against

any future judgment, the allocation may not be given presumptive effect

unless it was the product of adverse negotiation.’ [Citation.] Ordinarily

‘settling defendants . . . are not in an adversarial position with plaintiffs as to

the allocation of settlement proceeds to separate causes of action. While

plaintiffs have an interest in allocating as large an amount as possible to

causes of action[] in which there are no nonsettling defendants, the settling

defendants will be released of further claims against them regardless of the

allocation and thus have no [other relevant] interest in the allocation of the

29

settlement proceeds . . . .’ [Citation.] Accordingly, ‘[w]here the settling

parties have agreed to allocate less than all of the settlement amount to a

portion of the causes of action, an evidentiary showing is required to justify

such allocation.’ ” (Jones, supra, 132 Cal.App.4th at pp. 1009–1010.) A party,

like Snover, who “seek[s] to rely on the allocation ‘must explain to the court

and to all other parties, by declaration or other written form, the evidentiary

basis for any allocations and valuations made, and must demonstrate that

the allocation was reached in a sufficiently adversarial manner to justify the

presumption that a reasonable valuation was reached.’ ” (Id. at p. 1010.)

The trial court has “wide discretion in allocating prior settlement

recoveries to claims not adjudicated at trial.” (Jones, supra, 132 Cal.App.4th

at 1008.) Snover does not point to any evidentiary showing in the record to

satisfy her duty under Jones to prove that the amount disbursed to her son

was reasonable and arrived at in a sufficiently adversarial proceeding that it

should be deducted from the hospital’s settlement with her. This is therefore

not a case where the plaintiff presented “a significant amount of evidence”

supporting the allocation of settlement funds to claims specified in pretrial

settlement agreements. (Hellam v. Crane Co., supra, 239 Cal.App.4th at

pp. 860–862 [affirming the trial court’s subtraction of settlement amounts

from the total offsets granted the nonsettling defendant].) Instead, it is more

like Jones, where the court of appeal affirmed the trial court’s refusal “to

allocate any portion of the prior settlements to a potential wrongful death

action” because the plaintiffs had presented no evidence to meet their burden

to show that the allocations set forth in the settlement agreements were

reasonable and “based on an individualized consideration of the potential

claims of [the decedent’s] heirs.” (Jones, at pp. 1010–1011.) In short, absent

a showing of reasonableness or a finding of good faith, Gupta was “entitled to

30

a setoff of the entire settlement figure.” (Knox v. County of Los Angeles

(1980) 109 Cal.App.3d 825, 836.) Snover has not shown that the trial court

abused its discretion in declining to deduct the $250,000 distributed to her

son for purposes of the offset calculation.

DISPOSITION

The judgment is affirmed. Gupta is entitled to recover her costs on

appeal.

GOLDMAN, J.

WE CONCUR:

BROWN, P. J.

STREETER, J.

31

Trial Court: Riverside County Superior Court

Trial Judge: Honorable Irma Asberry

Counsel for Plaintiff and The Stevens Firm, Steven B. Stevens

Appellant: Law Offices of Bruce G. Fagel &

Associates, Bruce G. Fagel

Counsel for Defendant and Wood, Smith, Henning & Berman,

Respondent: Steven R. Disharoon

32

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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