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FORENSIS v. FRANTZ, TOWNSEND & FOLDENAUER

No. D044211.

29 Cal.Rptr.3d 622 (2005)

130 Cal.App.4th 14

FORENSIS GROUP, INC., et al., Cross-complainants and Appellants, v. FRANTZ, TOWNSEND & FOLDENAUER, et al., Cross-defendants and Respondents.

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

Review Denied September 7, 2005.

Attorney(s) appearing for the Case

Robinson, DiLando & Whitaker, Michael C. Robinson, Jr., and Mark Kane, Los Angeles, for Cross-complainant and Appellant Forensis Group, Inc.

Neil, Dymott, Perkins, Brown & Frank, Clark R. Hudson and David P. Burke, San Diego, for Cross-complainant and Appellant Malcolm Robbins.

Butz, Dunn, DeSantis & Bingham, Douglas M. Butz, Roger P. Bingham and Steven C. Uribe for Cross-defendants and Respondents.

HUFFMAN, J.

This appeal presents the issue of whether expert witnesses may seek equitable indemnification by filing cross-complaints against the attorneys who retained them in an underlying case, when the client in the underlying case has sued the expert witnesses for professional negligence, but the client has not sued those attorneys. The subject indemnity cross-complaints arose out of an action for professional malpractice...

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