What is the law of equitable indemnity for a plaintiff in a personal injury case?

California, United States of America


The following excerpt is from Major Clients Agency v. Diemer, 67 Cal.App.4th 1116, 79 Cal.Rptr.2d 613 (Cal. App. 1998):

We hold that the ordinary rules of equitable indemnity apply here. Moreover, considerations of public policy buttress the principle that an attorney's duty of loyalty to his client should not be diminished by imputing to him legal obligations to the client's other advisors, be they attorneys or acting in some other capacity, unless such parties are clearly intended beneficiaries of the legal services being rendered. (See, e.g., Holland v. Thacher, supra, 199 Cal.App.3d at pp. 929-935, 245 Cal.Rptr. 247, which discusses public policy considerations.)

4. The Issue of Leave to Amend

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