People Ex Rel. Department of Public Works v. Daly City Scavenger Co.

Opinion

KANE, J.

This case presents two questions: First, whether an express contract of indemnity necessarily negates the assertion of a right to implied equitable indemnity; and second, if not, whether the indemnity claimant in the instant case is entitled to such indemnity as a matter of law.

The State of California (“State”) appeals from a judgment in declaratory relief denying its claim for recovery of indemnity from Daly City Scavenger Company (“Company”). Neither party disputes the findings of fact, which may be summarized as follows:

In 1957, State closed a portion of the Old Coast…