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2448 Under Proposition 51 (CivC 1431.2) a non-settling defendant is not entitled to a setoff for non-economic damages received by plaintiff from settling defendants, and is liable for a percentage of non-economic damages awarded by the jury based on its share of fault as determined by the jury; a non-settling defendant is entitled to a setoff for economic damages plaintiff received from settling defendants, and if the settlement did not apportion the portions being paid for economic and non-economic damages, it should be apportioned as the jury apportioned economic and non-economic damages in its award to plaintiff against the non-settling defendants, unless a party meets the burden of establishing a reason why the settlement should be apportioned differently.CitationEHRET v CONGOLEUM (Wrongful Death Apportionment) 73 CA4 1308 [See: CivC 1431.2; CCP 877; Espinoza v Machonga 9 CA4 268, T/AT 11/92]
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