California Court of Appeal

In this case, plaintiff concrete supplier prepared a bad batch of concrete that was used to construct a harbor pier. Plaintiff blames the bad concrete on the civil engineer who drafted the pier plans and who reviewed plaintiff's concrete mix design, and filed a cross-complaint for equitable indemnity against the cross-defendant civil engineer. Judgment sustaining, without leave to amend, cross-defendant's demurrer to the second amended cross-complaint is affirmed, where: 1) plaintiff failed to follow its own concrete mix design, and thus plaintiff alone is responsible for the bad concrete; and 2) plaintiff cannot seek equitable indemnity or contribution for damages caused by the breach of its own contract.

Appellate Information

• Decided 01/08/2015
• Published 01/08/2015

Judges

• Yegan

Court

• California Court of Appeal

Counsel