Wendt v. La Costa Beach Resort Condominium Ass'n

I respectfully dissent because like the Fourth District Court of Appeal, I find that indemnification is required only where one party discharges an obligation that should have been discharged by the other party to the action. As the district court put it:

Here, the directors have not alleged that they have discharged a duty which the association should have discharged, that they have been left open to liability due to the association’s wrongful acts, or that they have been held vicariously liable to a third person and seek recovery from the association whose action caused the damage. Rather,…