Uniroyal Chemical Co., Inc. v. American Vanguard Corp.

Opinion

PETTITT, J. *

Code of Civil Procedure* 1 section 1021.6 permits a court, upon motion and after reviewing the evidence in the principal case, to award attorney’s fees to a person who prevails on a claim for implied indemnity. Before the court can make such an award, however, it must find that: (1) the indemnitee, in protection of its own interest, was required to bring or defend an action against a third party due to a tort of the indemnitor; (2) the indemnitor was properly notified of the demand to bring the action or to provide the defense and did not avail itself of the opportunity to…