Aluma Systems Concrete Construction of California v. Nibbi Bros.

Opinion

SIMONS, Acting P.

Systems Concrete Construction of California, Inc. (hereafter, Contractor), was sued by employees of respondents Nibbi Bros. Inc., and Nibbi Bros. Associates, Inc., doing business as Nibbi Concrete (hereafter, Employer), for injuries sustained on the job. Subsequently, Contractor sued Employer for indemnification based on a specific provision in the parties’ contract. The trial court sustained Employer’s demurrer to Contractor’s complaint, relying on the allegations in the underlying lawsuit that set forth claims only against Contractor and not against Employer. Because…