HELD v. ARANT

Docket No. 48550.

67 Cal.App.3d 748 (1977)

134 Cal. Rptr. 422

SIDNEY P. HELD, Plaintiff and Respondent, v. GENE W. ARANT, Defendant, Cross-complainant and Appellant; MESERVE, MUMPER AND HUGHES, Cross-defendant and Respondent.

Court of Appeals of California, Second District, Division One.

March 3, 1977.


Attorney(s) appearing for the Case

COUNSEL

Hiestand & Bower and Herbert H. Hiestand, Jr., for Defendant, Cross-complainant and Appellant.

Cummins, White & Breidenbach, Joseph H. Cummins and Edwin A. Oster for Cross-defendant and Respondent.

No appearance for Plaintiff and Respondent.


OPINION

THOMPSON, J.

The case at bench raises the issue of the right of a lawyer sued for professional negligence to seek indemnity from another lawyer subsequently retained by the suing client in the same matter on the theory that the second lawyer's negligence enhanced rather than reduced the initial loss. Because reasons of policy peculiar to the tripartite relationship of attorney-client-adversary override the principle of equitable...

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