Determination of Good Faith of Settlement with One or More

Tortfeasors; Review by Writ of Mandate.

(a)Any party to an action wherein it is alleged that two or more parties are joint tortfeasors shall be entitled to a hearing on the issue of the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors, upon giving notice at least twenty

(20)days before the hearing. In addition, the notice may be served by mail but in those cases the period of notice shall be twenty-five

(25)days if the place of address is within the territory of Guam, at least thirty

(30)days if the place of address is outside of the territory of Guam within the United States, and at least forty

(40)days if the place of address is outside the United States. Upon a showing of good cause, the court may shorten the time for giving the required notice to permit the determination of the issue to be made before the commencement of the trial of the action, or before the verdict or judgment if settlement is made after the trial has commenced.

(b)The issue of the good faith of a settlement may be determined by the court on the basis of affidavits served with the notice of hearing, and any counter affidavits filed in response thereto, or any evidence at the hearing.

(c)A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor from any further claims against the COL2102014 CH. 24 ACTIONS IN PARTICULAR CASES settling tortfeasor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.

(d)The party asserting the lack of good faith shall have the burden of proof on that issue, except if the issue is raised by a party to the settlement, in which case the burden of proof shall be on the proponent.

(e)A settlement shall be deemed in bad faith if it is made for significantly less than the reasonable value of the claim for which it is made taking into account the likelihood of liability, assets and insurance available to pay the claim, the cost and difficulty of pursuing the claim, the relationship between the parties to the settlement, and such other factors as the court may deem appropriate or relevant.

(f)If the court finds that a settlement was not made in good faith, the settlement agreement shall be of no force and effect as to any parties not signatory to the settlement.