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CITY OF ONTARIO v. SUPERIOR COURT

Docket No. E011476.

12 Cal.App.4th 894 (1993)

16 Cal. Rptr.2d 32

CITY OF ONTARIO, Petitioner, v. THE SUPERIOR COURT OF SAN BERNARDINO COUNTY, Respondent; THE PEOPLE ex rel. DEPARTMENT OF TRANSPORTATION, Real Party in Interest.

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

January 25, 1993.

Attorney(s) appearing for the Case

COUNSEL

Lynberg & Watkins, and Stephen M. Harber for Petitioner.

No appearance for Respondent.

William M. McMillan, Anthony J. Ruffolo, Robert W. Vidor, Larry R. Danielson and Joseph Vanderhorst for Real Party in Interest.

OPINION

McKINSTER, J.

In this case, which appears to be one of first impression, we are called upon to determine whether the State of California's (State) demand for equitable indemnity against the City of Ontario (City) is barred by the State's failure to precede its lawsuit by the filing of a claim pursuant to the Government Tort Claims Act. (Gov. Code, § 810 et seq.)1 The State argues that section...

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