1-25 of 268 results

AMERICAN CONTRACTORS INDEMNITY VS HEDAYATI, MOHAMMAD

...filed a first amended cross-complaint (“FACC”) on November 15, 2017, and included causes of action for (1) Implied Contractual Indemnity; (2) Equitable Indemnity; (3) Comparative Contribution; (4) Total Equitable Indemnity; and (5) Express Indemnity. On December 20, 2017, Cross-Defendant filed the instant demurrer and motion to strike. Legal Standard A demurrer is a pleading used to test the legal sufficiency o...

...shall file and serve a declaration detailing their meet and confer efforts. (CCP § 430.41(a)(3).) Discussion First Cause of Action for Implied Contractual Indemnity, Second Cause of Action for Equitable Indemnity and Fourth Cause of Action for Total Equitable Indemnity Cross-Defendant argues that Cross-Complainant cannot maintain causes of action for equitable indemnity because equitable indemnity requires ...

  • Hearing

    Apr 18, 2018

  • Type

    BREACH OF CONTRACT (Limited Jurisdiction)

A WALK IN THE PARK LLC ET AL VS BMB INVESTMENT CORP

...Steven T. Hermann to the cross-complaint of East West Bank is sustained with leave to amend as to the second cause of action (equitable indemnity) and is overruled as to the first cause of action (express contractual indemnity). East West Bank shall file and serve its first amended cross-complaint on or before June 29, 2012. Background: This is a demurrer to the indemnity cross-complaint against the plaintiffs. The facts ...

...of action for promissory fraud and aiding and abetting promissory fraud. (CC, ¶ 22.) On December 30, 2011, BMB filed a cross-complaint against Bank alleging causes of action for breach of contract and equitable indemnity, among others, and seeking damages including litigation expenses incurred in defending the claims brought by Park and Hermann. (CC, ¶ 23.) Bank denies that its actions have caused any damages to BMB, ...

  • Hearing

    Jun 19, 2012

WESLEY WHITELOCK ETC VS PACIFIC PLASTIC SURGERY ETC

...amendment must be filed by March 22, 2011. FACC The FACC states causes of action for (1) implied indemnification (seeking total indemnification), (2) comparative indemnification, (3) declaratory relief, (4) equitable indemnity, and (5) contribution. The FACC alleges generally that Russo was at all times an employee of Margie Averitt, although there was no written contract, and had been for a significant number of years. Ave...

...for implied indemnification, on grounds that it is uncertain, and fails to state facts sufficient to constitute a cause of action. First, implied indemnification is not a cause of action distinct from equitable indemnity. California follows the primary rights approach to pleading causes of action (Crowley v. Katleman (1994) 8 Cal.4th 666, 681), and plaintiff may only plead one cause of action for each primary right or...

  • Hearing

    Mar 8, 2011

NEIL M HOWARD VS LOS ANGELES COUNTY SHERIFFS DEPARTMENT

...indemnity against the Sheriff’s Department, including CCP § 701.680. Although the 1AC refers to implied comparative indemnity, this is a claim or equitable indemnity[1] (because it is not based on express contractual indemnity): In general, indemnity refers to “the obligation resting on one party to make good a loss or damage another party has incurred.” (Rossmoor Sanitation, Inc. v. Pylon, Inc. (1975) 13 Cal.3d 622, 628 [...

...(traditional equitable indemnity). n2 (Ibid.; see PPG Industries, Inc. v. Transamerica Ins. Co. (1999) 20 Cal.4th 310, 318 [84 Cal. Rptr. 2d 455, 975 P.2d 652].) FOOTNOTES n2 As will be explained, implied contractual indemnity is but a form of equitable indemnity. Accordingly, this opinion uses the term “traditional equitable indemnity” to refer to the other form of equitable indemnity, which is not based on the existence o...

  • Hearing

    Aug 1, 2017

  • Type

    Other Real Property Rights Case (General Jurisdiction)

JESUS ORLANDO MEJIA VS UNION PACIFIC RAILROAD COMPANY

...Titan Terminal and Transport, Inc. (“Titan”). On March 19, 2019, Union Pacific filed a Cross-Complaint against Titan asserting the following causes of action: Equitable Indemnity Apportionment Implied Contractual Indemnity Contribution Tort of Another Declaratory Relief Defendant Titan Terminal and Transport, Inc. now demurs to the entire Cross-Complaint on the grounds that it fails to state how Defendant is in any ...

...indemnity because the pleading fails to state facts sufficient to support a cause of action, it is uncertain, and that the 3rd cause of action is duplicative of Union Pacific’s 1st cause of action for equitable indemnity. ANALYSIS Meet and Confer Code of Civil Procedure section 430.41, subdivision (a) requires that “[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in pe...

  • Hearing

    Dec 10, 2019

  • Type

    Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)

CITY OF SANTA BARBARA, ET AL. V. CDM SMITH, INC.

...other relief against CDM or Schock. In the Schock FACC, Schock asserts six causes of action: (1) implied equitable indemnity; (2) comparative contribution; (3) total equitable indemnity; (4) implied contractual indemnity; (5) express indemnity; and (6) declaratory relief. All causes of action except the fifth (which is asserted against cross-defendant Taft Electric Company) are asserted against MNS. Each of the causes...

...50 Cal.3d 1012, 1029 [discussing E. L. White, Inc. v. City of Huntington Beach (1978) 21 Cal.3d 497 and distinction between express contractual indemnity and implied contractual indemnity as a form of equitable indemnity].) MNS argues again that BFGC Architects Planners, Inc. v. Forcum/Mackey Construction, Inc. (2004) 119 Cal.App.4th 848 (BFGC) is dispositive of CDM’s equitable indemnity claims. In BFGC, a school dis...

  • Hearing

    Mar 27, 2018

MARIN COMMUNITY COLLEGE VS. MARCY WONG

...for equitable indemnity is sustained without leave to amend. Unless the prospective indemnitor [Midstate] and indemnitee [MWDL] are jointly and severally liable to the District, there is no basis for equitable indemnity. See Munoz v. Davis (1983) 141 Cal.App.3d 420, 425. If the only duties allegedly violated by the indemnitor are contractual duties owed to the tort victim, and there is no basis for the indemnitor to ...

...negligence. The trial court sustained demurrers on the cross-complaints without leave to amend, and the architects appealed. The court of appeal affirmed. The court noted the established principle that equitable indemnity is only appropriate if the indemnitor and indemnitee are jointly and severally liable in tort to a third party. Thus, for the contractors to be liable to the architects for equitable indemnity, there ...

  • Hearing

    May 1, 2017

MARIN COMMUNITY COLLEGE VS. MARCY WONG

...Marcy Wong & Donn Logan Architects (“MWDL”). Neither Cross-Defendant has been sued by Plaintiff Marin Community College District for any tort. Yet, MWDL has cross-complained against both contractors for equitable indemnity, contribution and declaratory relief, inter alia, based on Cross-Defendants’ alleged joint and several liability to Plaintiff. 1. Equitable Indemnity (Second Cause of Action) or Contribution (Third C...

...for equitable indemnity is sustained without leave to amend. Unless the prospective indemnitor [Swinerton] and indemnitee [MWDL] are jointly and severally liable to the District, there is no basis for equitable indemnity. See Munoz v. Davis (1983) 141 Cal.App.3d 420, 425. If the only duties allegedly violated by the indemnitor are contractual duties owed to the tort victim, and there is no basis for the indemnitor to ...

  • Hearing

    Jun 26, 2017

TOMAS AGUSTSSON; ET AL VS AGUST AGUSTSSON; ET AL

...operative Complaint is now the Fourth Amended Complaint filed on 07/10/2018. Cross-Complainants filed the FACC on 03/15/2019 seeking: (1) express contractual indemnity; (2) implied contractual indemnity; (3) equitable indemnity; and (4) declaratory relief. DEMURRER FILED BY WESTERN CONSTRUCTION AUCTIONS, INC. AND KEN RAMSTAD LEGAL AUTHORITY When considering demurrers, courts read the allegations liberally and in context. ...

...retained to sell equipment owned by NGI and ACS.” (FACC ¶ 8). The demurrer to the 1st cause of action is SUSTAINED without leave to amend. 2nd and 3rd Causes of Action: Implied Contractual Indemnity and Equitable Indemnity Cross-Defendants argue that the demurrer to the 2nd and 3rd causes of action should be sustained because the causes of action are duplicative of one another. In general, indemnity refers to ‘the obl...

  • Hearing

    Jun 27, 2019

  • Type

    Fraud (no contract) (General Jurisdiction)

HERNANDEZ VS CEBALLOS

...assessed against the indemnitee as a result of the indemnitor's breach of contract." Bear Creek Planning Com. v. Title Ins. & Trust Co. (1985) 164 Cal. App. 3d 1227, 1239. Therefore, the "right to implied contractual indemnity is predicated upon the indemnitor's breach of contract . . ." and "is grounded upon the indemnitor's breach of duty owing to the indemnitee to properly perform its contractual duties." West v. Superio...

...2019 states that Plaintiff "cannot have accepted any offer from Defendants to create a valid contract." Therefore, because it has been determined that there is no contract, there is no basis for implied contractual indemnity. COA 2 AND COA 4: COMPARATIVE INDEMNITY AND EQUITABLE INDEMNITY "There are two basic types of indemnity: express indemnity, which relies on an express contract term providing for indemnification, and...

  • Hearing

    Jan 8, 2020

  • Type

    Breach of Contract/Warranty

NOUGDENG SAVENGRITH ET AL VS CITY OF POMONA ET AL

...Declaratory Relief On 2/23/16, City filed its cross-complaint, asserting causes of action therein against Cross-Defendants Luviano, Buciososa, WVCC and Roes 1-100 for: 1. Total Equitable Indemnity 2. Partial Equitable Indemnity 3. Declaratory Relief On 3/7/16, Luviano and Buciososa filed an “Amendment to [Cross-]Complaint,” wherein WVCC was named in lieu of Roe 1. On 3/17/16, plaintiffs dismissed State, with prejudice. On ...

...Architects, Thienes Engineering, Environs, Inc., OLtmans Construction Company, Norcal Engineering, Ajit Randhava & Associates, Valley Business Center and Roes 1-50 for: 1. Express Contractual Indemnity 2. Equitable Indemnity/Declaratory Relief On 1/3/18, plaintiffs filed an “Amendment to Complaint,” wherein Randhava was named in lieu of Doe 3. On 1/4/18, plaintiffs filed “Amendment[s] to Complaint,” wherein Wohl was name...

  • Hearing

    Apr 23, 2018

  • Type

    Motor Vehicle - PI/PD/WD (General Jurisdiction)

GRAY V. THE JESUIT RETREAT CENTER OF LOS ALTOS

...essential element of the cause of action.” (Id.) B. Analysis With the instant motion, Sodexo maintains that it is entitled summary judgment in its favor for the following reasons: (1) the express indemnity, equitable indemnity and declaratory relief causes of action fail because JRC cannot establish an essential element of these claims- that Plaintiff’s claims against it arose out of Sodexo’s “sole negligence, misconduct or...

...1157 [California courts recognize “two basic types of indemnity” express indemnity and equitable indemnity …. [I]mplied contractual indemnity is now viewed simply as ‘a form of equitable indemnity”].) Equitable indemnity principles concern the allocation of loss or damages among multiple tortfeasors whose liability for the underlying injury is joint and several. (American Motorcycle v. Superior Court (1978) 20 Cal.3d...

  • Hearing

    Apr 11, 2019

COMPLETE COACH WORKS VS ADVANCE CHARGING

...indemnity is a form of equitable indemnity in which the equitable considerations are brought into play by contractual language not specifically dealing with indemnification (Ibid.). An action for implied contractual indemnity is not a claim for contribution from a joint tortfeasor; it is not founded upon a tort or upon any duty which the indemnitor owes to the injured third party; it is grounded upon the indemnitor’s breac...

...duties (Bear creek Planning Comm. vs. Title Ins. & Trust Co. (1985) 164 Cal. App. 3d 1227, 1238-1239). As to the first cause of action, a claim for implied contractual indemnity is viewed as a form of equitable indemnity (Prince vs. Pacific Gas & Electric (2009), 45 Cal. 4th 1151, 1157). There are no allegations in the first cause of action that ACT was in contractual privity (or had any contractual relationship) with...

  • Hearing

    May 22, 2018

FARMERS INSURANCE EXCHANGE VS TRUNG Q. TA, ET AL.

...Trinidad Flores against M&N for negligence, premises liability, and negligence per se. (Ta RJN Ex. C [Flores Complaint].) M&N filed a cross-action in the Flores Lawsuit against California Nails and Ta for equitable indemnity and contribution based upon comparative fault. (Ta RJN, Ex. A [M&N Cross-Complaint].) Following a jury trial in the Flores Lawsuit, Flores obtained a $3.587 million judgment against M&N. (Compl., ¶33....

...case Long Beach Grand Prix Assn. v. Hunt (1994) 25 Cal.App.4th 1195, cited by Plaintiff in opposition. In Long Beach, the Court of Appeal held that res judicata does not bar a defendant from seeking equitable indemnity from a second defendant after the plaintiff voluntarily dismisses her complaint as to the second defendant. (Long Beach, supra, 25 Cal.App.4th at 1197.) In this action, Kathleen Young was injured as a...

  • Hearing

    Apr 5, 2019

  • Type

    Insurance Coverage (not complex) (General Jurisdiction)

KAO VS. CUI

...* Defendant Old Republic Title Company’s demurrer to the Third Amended Complaint is sustained without leave to amend. Plaintiff has failed to allege facts sufficient to state a cause of action for Implied Contractual Indemnity (3rd Cause of Action.) Plaintiff alleges Old Republic was obligated by its contract with co-defendants Cui and Irwin and Betty Ku to perform a title search to ensure marketable title. Plaintiff alleg...

...Here, Plaintiff’s allegation that Old Republic was obligated to conduct a title search is a conclusion of law and fact and not entitled to assumption of truth. Implied contractual indemnity is a form of equitable indemnity, arising from equitable considerations arising from either the contractual language not specifically dealing with indemnification or from the equities of the specific matter (Sehulster Tunnels/Pre-Con...

  • Hearing

    Jan 13, 2017

THE CITY OF LOS ANGELES VS GEOFFREY H PALMER ET AL

...amended cross-complaint (SACC) against Dawud Abdulwali and the State of California for (1) trespass, (2) conversion, (3) nuisance, (4) equitable indemnity, (5) contribution, (6) breach of contract, (7) contractual indemnity, (9) reformation of contract (mutual mistake), (10) reformation of contract (unilateral mistake), and (11) declaratory relief. Palmer alleges that Abdulwali trespassed onto the apartment complex and ...

...‘[w]here ... the parties have expressly contracted with respect to the duty to indemnify, the extent of that duty must be determined from the contract and not by reliance on the independent doctrine of equitable indemnity.’” (internal quotations and citations omitted.)) Implied Indemnity: “Historically, this type of indemnity was available when two parties in a contractual relationship were both responsible for injuri...

  • Hearing

    Jan 9, 2018

  • Type

    Other PI/PD/WD (General Jurisdiction)

REINA LARA VS 940 FIGUEROA LLC ET AL

...Implied Equitable Indemnity; 2) Comparative Contribution; 3) Declaratory Relief; 4) Breach of Written Contract; 5) Negligence; 6) Equitable Indemnity; 7) Implied Contractual Indemnity; and 8) Express Contractual Indemnity. On September 28, 2018, Spectra demurred and move to strike portions of VAI’s Cross-Complaint (“VCC”). On October 19, 2018, VAI filed oppositions. The Court is not in receipt of a reply. The instant...

...OVERRULED. Equitable Indemnity Causes of Action Spectra demurs to the equitable indemnity based causes of action (the first, second, third, sixth, seventh, and eighth causes of action) on the grounds that the contractual indemnity claim supersedes the equitable claims. The purpose of equitable indemnification is to avoid the unfairness, under joint and several liability theory, of holding one defendant liable for the plaintiff...

  • Hearing

    Nov 1, 2018

  • Type

    Premises Liability (e.g.slip & fall) (General Jurisdiction)

ROMAN VS. ACCLAIM MOBILITY

...occurred. THE SUBJECT CROSS-COMPLAINT Landlords in turn filed the subject cross-complaint against TRC. Landlords’ cross-complaint alleges three causes of action for: (1) Express Contractual Indemnity; (2) Equitable Indemnity, and (3) Breach of Contract. In the cross-complaint, Landlords assert their right to be defended and indemnified by TRC. The indemnification language states in pertinent part “Tenant shall indemnify ...

...officer, agent, employee, guest or invitee of Tenant…” (Cross-complaint ¶ 11.) TRC’s refusal to accept Landlords’ tender of defense forms the basis of the first and third causes of action for Express Contractual Indemnity and Breach of Contract. The Breach of Contract cause of action is based also on Landlords’ allegation on information and belief that TRC breached the contract by failing to maintain comprehensive liab...

  • Hearing

    Nov 15, 2019

SCHILZ V. UNIVERSAL PROPERTIES AND MANAGEMENT, INC.

...including transition strips that injured Plaintiff and, as a result, is not required to indemnify UPM. (b) The existence of an Express Indemnity agreement between UPM and Able preclude application of equitable indemnity. The Cross-Complaint (CC), filed on 6-11-18, alleges a cause of action for Indemnity as the first cause of action. It appears that Cross-Complainant does not dispute that Cross-Defendant provided jani...

...the parties have expressly contracted with respect to the duty to indemnify, the extent of that duty is determined from the contract. [Citation.]” Here, Section VI of the Service Agreement provides a contractual indemnity provision. Cross-Complainant does not dispute that the Service Agreement contains this term. (CCSF No. 1.) Relying on Hall v. Rockcliff Realtors (Hall) (2013) 215 Cal.App.4th 1134, 1141, Cross-Complai...

  • Hearing

    Jun 18, 2019

WILLIAM GRAN VS CHICAGO TITLE INSURANCE COMPANY

...indemnity, which embraces ‘traditional equitable indemnity,’ and implied contractual indemnity. (Prince, at pp. 1157-1159).” Jocer Enterprises, Inc. v. Price (2010) 183 Cal.App.4th 559, 573. “Traditional equitable indemnity is ‘rooted in principles of equity’ (Exxess Electronixx v. Heger Realty Corp. (1998) 64 Cal.App.4th 698, 714), and ‘requires no contractual relationship between an indemnitor and an indemnitee’ (Prin...

... contractual indemnity presupposes a contractual relationship that supports a right to indemnification not rooted in an express contract term. (Prince, supra, 45 Cal.4th at p. 1159). “[A]lthough implied contractual indemnity has long been regarded as distinct from both express and equitable indemnity, it is now to be viewed as a form of equitable indemnity. (Prince, supra, 45 Cal.4th at p. 1157). Traditional equitable ind...

  • Hearing

    Mar 20, 2017

  • Type

    Breach Contract/Warnty-Negligence (General Jurisdiction)

RODGERS V. BRICK BARN WINERY, LLC, ET AL.

...element is missing, the complaint fails to state a cause of action. There are historically two forms of equitable indemnity: 1) indemnity implied from a contract not specially mentioning indemnity (implied contractual indemnity); and 2) indemnity arising from the equities or particular circumstances (traditional equitably indemnity – premised on a joint and several legal obligation to another for damages). (Id. at p. 1157-11...

...is no claim for equitable indemnity of any stipe. (Western Steamship Lines, Inc. v. San Pedro Peninsula Hospital (1994) 8 Cal.4th 100, 110 [a fundamental prerequisite to an action for partial or total equitable indemnity is an actual monetary loss through payment of a judgment or settlement]; City of San Diego v. U.S. Gypsum Co. (1994) 30 Cal.App.4th 575, 587.) As for declaratory relief, Code of Civil Procedure secti...

  • Hearing

    Oct 22, 2019

KENNETH M WANDEL VS. CENTEX HOMES

...that it is entitled to the summary adjudication on the fifth cause of action for equitable indemnity and sixth cause of action for contribution and repayment on the grounds that (i) all claims for non-contractual indemnity are barred by the 10-year statute of repose set forth in §337.15; and (ii) claims for equitable indemnity and contribution do not lie where there is a contractual indemnity provision between the parti...

...Accordingly, Clarendon is entitled to summary adjudication of the fourth and fifth causes of action on the ground that they are time-barred. Clarendon's ground (ii) above also has merit. Because there is a contractual indemnity clause between the parties, claims for equitable indemnity and contribution do not lie. "Where . . . parties have expressly contracted with respect to the duty to indemnify, the extent of that duty mu...

  • Hearing

    Jan 20, 2015

  • Type

    Construction Defect

EVANS VS TAHVILDARI

...action is entitled "Equitable Indemnity." To be more precise, the cause of action alleged is for implied contractual indemnity, although "implied contractual indemnity is now viewed simply as 'a form of equitable indemnity.' Prince v. Pacific Gas & Electric Co. (2009) 45 Cal.4th 1151, 1157. "Historically, [implied contractual] indemnity was available when two parties in a contractual relationship were both responsible ...

...italics added (Great Western); e.g., S.F. Unified Sch. Dist. v. Cal. Bldg. etc. Co. (1958) 162 Cal.App.2d 434, 328 P.2d 785 (S.F. Unified).) Now, however, implied contractual indemnity, like traditional equitable indemnity, is subject to comparative equitable apportionment of loss. (Bay Development, supra, 50 Cal.3d at pp. 1029–1030, fn. 10, 269 Cal.Rptr. 720, 791 P.2d 290.)." Id., at 1159. In the cause of action, Cros...

  • Hearing

    May 23, 2019

  • Type

    Breach of Contract/Warranty

SKANSKA-SHIMMICK-HERZOG, A JOINT VENTURE V. LAN/TYLIN, A JOINT VENTURE, ET AL. [COORDINATED INTO SKANSKA-SHIMMICK CONTRACT CASES, JCCP 4918]

...ANIL VERMA ASSOCIATES, INC. 1 III. DISCUSSION 2 MFT argues AVA is prohibited from bringing a tort claim for equitable indemnity 3 because the underlying claim against it arises from contract. AVA seeks equitable indemnity 4 based on the allegations against AVA in LAN’s First Amended Cross-Complaint. LAN alleges 5 AVA entered into an agreement with LAN to perform certain professional design services, but 6 breached the ...

...comply with the terms of the contract. (BFGC 23 Architects Planners, Inc. v. Forcum/Mackey Construction, Inc., supra, 119 Cal.App.4th at pp. 24 852-853.) The court stated this is not a claim on which equitable indemnity can be based. (Id. 25 at p. 853.) Relying on the principle that a person may not ordinarily recover in tort for the 26 breach of duties that merely restate contractual obligations, the court found the...

  • Hearing

    Nov 3, 2019

ALLEN SAVARDIZAJTEKIEH VS NICHOLAS DAVID CRAFT ET AL

...Defendants/Cross-Complainants/Cross-Defendants Erin Jacob Harms and Douglas Wayne Babbitt (“Cross-Defendants”), owners of the Tavern, for indemnity, equitable apportionment, total indemnity, declaratory relief, breach of express contractual indemnity, and breach of contract. Cross-Defendants move for summary judgment as to the First Amended Cross-Complaint by Plaza and the Weiss Defendants on grounds there are no facts supporting the causes of act...

...Center (2008) 159 Cal.App.4th 463, 467.) V. DISCUSSION Cross-Complainants filed this action against Cross-Defendants for: (1) indemnity, (2) equitable apportionment, (3) declaratory relief, (4) express contractual indemnity, and (5) breach of contract. Cross-Defendants argues: (1) the lease agreement containing the indemnity provision was not in effect on the date of the incident; (2) based on this Court’s ruling on Cros...

  • Hearing

    Nov 14, 2018

  • Type

    Intentional PI/PD/WD (eg. assault) (General Jurisdiction)

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