California Court of Appeal

In an action for indemnity, arising out of an underlying legal malpractice suit, brought by an attorney against his former law firm employer, grant of plaintiff's motion for new trial on statutory and common law indemnity claims is affirmed as defendant failed to show that plaintiff lacked sufficient evidence to prove, under Labor Code section 2802, that part of the defense costs he incurred were as a result of performance of his duties for defendant.

Appellate Information

• Decided 11/29/2006
• Published 11/29/2006

Judges

• ALDRICH, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Morgan, Lewis & Bockius LLP (Los Angeles), Andrea Sheridan Ordin, Los Angeles, Salvatore Picariello, Irvine;  Morgan, Lewis & Bockius (San Francisco), Thomas M. Peterson, Los Angeles, for Defendant and Appellant., Law Offices of Baird A. Brown and Baird A. Brown;  Greines, Martin, Stein & Richland, Marc J. Poster, Los Angeles, for Plaintiff, Respondent, and Appellant.