VALLEY CIRCLE ESTATES v. VTN CONSOLIDATED, INC.

Docket No. L.A. 31661.

33 Cal.3d 604 (1983)

659 P.2d 1160

189 Cal. Rptr. 871

VALLEY CIRCLE ESTATES et al., Cross-complainants and Appellants, v. VTN CONSOLIDATED, INC., Cross-defendant and Respondent.

Supreme Court of California.

March 24, 1983.


Attorney(s) appearing for the Case

COUNSEL

John J. Tary, Robert R. Ronne and Hagenbaugh & Murphy for Cross-complainants and Appellants.

Robert L. Bachman, Michael T. Fogarty and McDonough, Holland & Allen for Cross-defendant and Respondent.

James P. Corn, Mary A. O'Gara and Turner & Sullivan as Amici Curiae on behalf of Cross-defendant and Respondent.


OPINION

REYNOSO, J.

Does Code of Civil Procedure section 337.15 permit a general contractor tort defendant to file a cross-complaint for equitable indemnity against a subcontractor who cannot otherwise be reached under the limitations period of the statute in a direct action for damages? We hold that such a cross-complaint for indemnity is proper.

On March 23, 1978, plaintiffs Fred M. and Ruth S. Zeleznick filed a complaint...

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