Marteney v. Elementis Chemicals Inc.
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Marty and Marie Martenay prevailed in an underlying personal injury and loss of consortium action against Elementis. After Marty died, plaintiffs became parties to the action and asserted wrongful death claims against Elementis. A jury found that plaintiffs were entitled to damages and Elementis subsequently challenged the trial court's judgment in favor of plaintiffs.
The Court of Appeal affirmed the judgment and rejected Elementis' contention that the prior 2017 judgment in favor of plaintiffs was void, because the trial court did not err in denying Elementis' Code of Civil Procedure section 473 motion to vacate the 2017 judgment. The court also held that the trial court did not err in denying Elementis a section 877 credit based on Marty's and Marie's settlements.
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