SUMMARY ADJUDICATION GRANTED ON INDEMNITY CLAIM

The Los Angeles Superior Court granted OLG’s motion for summary adjudication of a co-defendant’s duty to defend, indemnify and hold OLG’s client harmless in the underlying lawsuit for wrongful death.

OLG had tendered its client’s defense to the co-defendant repeatedly under the express provisions of a contract. The co-defendant repeatedly denied the tender claiming active negligence and that the tender was not embraced by the contract’s indemnity provision. OLG filed a motion for summary adjudication on the express indemnity and declaratory relief causes of action in its cross-complaint.

The trial court agreed with OLG and issued an order and then judgment requiring the co-defendant to defend, indemnify and hold harmless OLG’s client, including all past costs and attorney’s fees.

Joel Witzman wrote and argued the winning motion for summary adjudication.