GENERAL MOTORS CORP. v. DOUPNIK

No. 92-15166.

1 F.3d 862 (1993)

GENERAL MOTORS CORPORATION, a Delaware corporation, Plaintiff-Appellee, v. Gary D. DOUPNIK, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 29, 1993.


Attorney(s) appearing for the Case

David S. Worthington, Hardy, Erich, Brown & Wilson, Sacramento, CA, for appellee, General Motors Corp.

Ignatius John Melito, Siff & Rosen, New York City (argued), Gerald Z. Marer and John F. Schuck, Marer, Marer & Schuck, Palo Alto, CA, for appellant, Gary Doupnik, Jr.

Before: SCHROEDER, PREGERSON, and D.W. NELSON, Circuit Judges.


PREGERSON, Circuit Judge:

Gary Doupnik appeals the district court's grant of summary judgment in favor of General Motors in its diversity action for equitable indemnity under California law. The court ordered indemnity from Gary Doupnik for 80 percent of a $1.6 million loss of consortium judgment that was rendered in favor of Sally Doupnik, Gary's spouse, in an underlying state action. We have jurisdiction pursuant to 28 U.S.C. § 1291. We reverse.

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