Top Cat Productions, Inc. v. Michael's Los Feliz

Opinion

VOGEL (MIRIAM A.), J.

A corporate surety issued a preliminary injunction bond based upon an application and promise of indemnity executed by one of several plaintiffs. When the defendants ultimately prevailed and sought judgment on the bond, the surety claimed a right to indemnity against all of the plaintiffs and demanded a judgment in which all of the plaintiffs were made jointly and severally liable with the surety. The trial court rejected the surety’s claim, and the surety now appeals. We conclude, as did the trial court, that the surety’s rights are a matter of contract and that…