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2016 When multiple parties in a construction defect case enter into a good faith settlement without allocating percentages to the various damages claimed, and a settling party subsequently seeks indemnity from a non-settling party, the jury in the indemnity action should determine what the actual damage was and what portion of the settlement was allocated to that damage, and if the settlement allocation is higher than the actual damage, indemnity should be based on an appropriate percentage of the actual damage amount.CitationDILLINGHAM v NADEL (Non-Allocated Settlement) 64 CA4 264 [See: CCP 877.6; Lyly v State 147 CA3 353; Alcal v Superior Court 8 CA4 1121, T/AT 10/92; Erreca's v Superior Court 19 CA4 1475, T/AT 1/94; Regan Roofing v Superior Court 21 CalApp4 1685, T/AT 3/94]
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