(DOWNLOAD) "People v. Blessing" by Second Appellate District, Division Two Court of Appeal of California * eBook PDF Kindle ePub Free
eBook details
- Title: People v. Blessing
- Author : Second Appellate District, Division Two Court of Appeal of California
- Release Date : January 24, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
A defendant is authorized to file a cross-complaint against a concurrent tortfeasor for partial indemnity on a comparative fault basis, even when the concurrent tortfeasor was not named as a defendant in the original complaint. (American Motorcycle Assn. v. Superior Court (1978) 20 Cal. 3d 578, 607 [146 Cal. Rptr. 182, 578 P.2d 899]; referred to in this opinion as AMA.) A settling concurrent tortfeasor is permitted to continue to pursue his right of partial indemnity asserted by a presettlement cross-complaint against a party not named by the plaintiff. (Sears, Roebuck &##38; Co. v. International Harvester Co. (1978) 82 Cal. App. 3d 492, 494, 497 [147 Cal. Rptr. 262].) An independent action for equitable indemnity may be filed against an alleged concurrent tortfeasor after the judgment which imposed liability and damages in the underlying tort case. (E. L. White, Inc. v. City of Huntington Beach (1978) 21 Cal. 3d 497, 510 [146 Cal. Rptr. 614, 579 P.2d 505].)