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SHAFFERY v. WEMED

No. B139451.

98 Cal.Rptr.2d 419 (2000)

82 Cal.App.4th 768

John SHAFFERY, Cross-complainant and Appellant, v. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP, Cross-defendant and Respondent.

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

Rehearing Denied August 21, 2000.

Review Denied November 1, 2000.

Attorney(s) appearing for the Case

Hollins & Fields and Howard M. Fields, Encino, for Cross-complainant and Appellant.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP and Jonathon Sher, Los Angeles, for Cross-defendant and Respondent.

MIRIAM A. VOGEL, J.

To the chorus of cases decreeing that a lawyer sued by a former client for professional negligence cannot seek indemnity from the lawyer subsequently retained by the client on the same matter, we add a variation on a familiar refrain: When a lawyer whose fees were paid by his client's insurer is sued by the insurer for malpractice, the lawyer may not seek indemnity from the lawyers retained by the insurer to "monitor" the same case.

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