SMOKETREE-LAKE MURRAY v. MILLS CONCRETE CONSTR.

Docket No. D009394.

234 Cal.App.3d 1724 (1991)

286 Cal. Rptr. 435

SMOKETREE-LAKE MURRAY, LTD., et al., Cross-complainants and Appellants, v. MILLS CONCRETE CONSTRUCTION COMPANY, INC., et al., Cross-defendants and Respondents.

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

October 15, 1991.


Attorney(s) appearing for the Case

COUNSEL

Hughes & Campbell, John B. Campbell, Horvitz & Levy, David M. Axelrad and Daniel J. Gonzalez for Cross-complainants and Appellants.

Karen J. Hartley, Gibson & Kennerson, Paul R. Kennerson and John K. Grant for Cross-defendants and Respondents.


OPINION

KREMER, P.J.

Smoketree-Lake Murray, Ltd., Brehm Construction Company and Forrest W. Brehm (hereafter Developer) appeal a judgment on a cross-claim for indemnification. On appeal, Developer contends the judgment must be reversed because the trial court erred in ruling a fraud finding barred indemnification and failing to find the jury committed misconduct. We reverse.

FACTS

In 1985, the Smoketree-Lake Murray...

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