Union Pacific Corp. v. Wengert
California Court of Appeal
1Opinion of the Court
Opinion
PARRILLI, J.
Since the passage of Proposition 51 in 1986, tort liability for noneconomic damages has been several; the former rule of joint liability was preserved only for economic damages. (Civ. Code, § 1431.2.) In this case, we consider the impact of this change on settling tortfeasors’ right to seek comparative equitable indemnity from a nonsettling concurrent tortfea-sor. We conclude that comparative equitable indemnity is available only for that portion of a settlement attributable to economic damages, because that is the extent of the underlying joint obligation. A defendant has…
2Cases cited12 opinions
- Evangelatos v. Superior CourtCalifornia Supreme Court · 1988
- Western Steamship Lines, Inc. v. San Pedro Peninsula HospitalCalifornia Supreme Court · 1994
- GEM Developers v. Hallcraft Homes of San Diego, Inc.California Court of Appeal · 1989
- Hoch v. Allied-Signal, Inc.California Court of Appeal · 1994
- Neverkovec v. FredericksCalifornia Court of Appeal · 1999
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3Cited by18 opinions
- In Re James S. Hamada, Debtor. James S. Hamada v. Far East National Bank, a California CorporationCourt of Appeals for the Ninth Circuit · 2002
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- Bostick v. Flex Equip. Co., Inc.California Court of Appeal · 2007
- Hartford Casualty Insurance v. Travelers Indemnity Co.California Court of Appeal · 2003
- Otay Land Co. v. U.E. Ltd., L.P., California Court of Appeal, 5th District2017
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