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TOP CAT PRODUCTIONS v. MICHAEL'S LOS FELIZ

No. B153802.

125 Cal.Rptr.2d 553 (2003)

102 Cal.App.4th 474

TOP CAT PRODUCTIONS, INC., et al. Plaintiffs and Respondents, v. MICHAEL'S LOS FELIZ et al. Defendants; American Contractors Indemnity Company, Objector and Appellant.

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

Rehearing Denied October 16, 2002.

Review Denied January 15, 2003.

Attorney(s) appearing for the Case

Lanak & Hanna, Francis J. Lanak, Santa Ana, and William J. Allard, West Los Angeles, for Objector and Appellant.

Lamb & Baute, Mark D. Baute and David P. Crochetiere, Los Angeles, for Plaintiffs and Respondents.

MIRIAM A. VOGEL, J.

A corporate surety issued a preliminary injunction bond based upon an application and promise of indemnity executed by one of several plaintiffs. When the defendants ultimately prevailed and sought judgment on the bond, the surety claimed a right to indemnity against all of the plaintiffs and demanded a judgment in which all of the plaintiffs were made jointly and severally liable with the surety. The trial court rejected the surety's claim, and...

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