Chodos v. Cole

TURNER, P. J., Dissenting.

I. INTRODUCTION

I would affirm. The record does not comply with requirements imposed in Supreme Court authority. And in my view the gravamen of the equitable indemnity cross-complaint are written and oral statements made in the course of litigation; all of these written and oral statements are subject to the litigation privilege; and as to one set of cross-defendants, equitable indemnity in the legal malpractice context is unavailable. I would dismiss the appeal from the amount of the attorney fee award entered in favor of cross-defendants, Michael D. Dempsey, Stephen…