Solano Concrete Co. v. Lund Construction Co.

Opinion

PARAS, J.

In a wrongful death action, defendant Solano Concrete Company, Inc. (hereinafter “Solano”), filed a cross-complaint requesting a declaration of its asserted right to indemnity from the decedent’s employer, Lund Construction Company (hereinafter “Lund”). The court sustained a demurrer to the cross-complaint without leave to amend on the theory that under Labor Code section 3864 there was no written agreement to indemnify executed prior to the death and that Lund had not waived the benefit of section 3864 by executing a written agreement (hereinafter the “subcontract”) with…