BAY DEVELOPMENT, LTD. v. SUPERIOR COURT

Docket No. S000888.

50 Cal.3d 1012 (1990)

791 P.2d 290

269 Cal. Rptr. 720

BAY DEVELOPMENT, LTD., et al., Petitioners, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; HOME CAPITAL CORPORATION, Real Party in Interest.

Supreme Court of California.

May 31, 1990.


Attorney(s) appearing for the Case

COUNSEL

Wright & L'Estrange, Robert C. Wright, William R. Nevitt, Jr., Robert S. Robertson and Timothy C. Stutler for Petitioners.

No appearance for Respondent.

Asaro & Keagy, Steven A. McKinley and Richard R. Freeland for Real Party in Interest.


OPINION

KENNARD, J.

In this case we must decide whether a tort defendant that has entered into a good faith settlement with the plaintiff remains liable to other defendants for an indemnity claim that rests on a theory of "implied contractual indemnity." A brief overview of the relevant legal background may help to place this complex issue in perspective.

When a tort action involves multiple defendants, there is often an inherent...

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