Does a plaintiff have the unilateral right to determine which defendant or defendants should be included in an action for comparative equitable indemnity?
California, United States of America
The following excerpt is from Yamaha Motor Corp. v. Paseman, 219 Cal.App.3d 958, 268 Cal.Rptr. 514 (Cal. App. 1990):
"[P]laintiffs 'no longer have the unilateral right to determine which defendant or defendants should be included in an action' under the comparative equitable indemnity doctrine. [Citations.]" (GEM Developers v. Hallcraft Homes of San Diego, Inc., supra, 213 Cal.App.3d at p. 428, 261 Cal.Rptr. 626.)
Additionally, as stated in GEM:
"... a defendant/indemnitee may in an action for indemnity seek apportionment
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