Allison Ewart was hit by a car and seriously injured when Widge Galloway, serving as a volunteer traffic control officer for Los Angeles County during a triathlon, directed an automobile to turn into Ewart’s path. Although Ewart prevailed at trial in her negligence action against both Galloway and the County, the court of appeal reversed the judgment against the County, holding, because Ewart was an unpaid volunteer, the County could not be found vicariously liable for her negligence. (Ewart v. County of Los Angeles (July 9, 2019, B286379) [nonpub. opn.].)
Faced with a $1.2 million judgment, Galloway assigned to Ewart any rights she might have against the County. Ewart, as Galloway’s assignee, then filed this lawsuit against the County alleging Galloway, who had been provided counsel by the County during the negligence action, was entitled to be indemnified for the judgment. The County demurred, contending as to a claim for equitable indemnity, there was no duty to indemnify absent liability and the County had been determined to be not liable to Ewart, and as to a claim for express indemnity, Galloway was a volunteer with no statutory indemnity rights. The County also argued Galloway’s failure to file a timely claim for indemnity under the Government Claims Act (Gov. Code, § 810 et seq.) was independently fatal to Ewart’s complaint. The trial court agreed with all the County’s arguments, sustained the demurrer without leave to amend and dismissed the action. We affirm.