City of Ontario v. Superior Court

Opinion

McKINSTER, J.

In this case, which appears to be one of first impression, we are called upon to determine whether the State of California’s (State) demand for equitable indemnity against the City of Ontario (City) is barred by the State’s failure to precede its lawsuit by the filing of a claim pursuant to the Government Tort Claims Act. (Gov. Code, § 810 et seq.) The State argues that section 905, subdivision (i), specifically exempts claims by the State from the general requirements. The City responds that section 935 permits it to override this exemption by enactment, and that it has…