Transamerica Leasing v. Burlington Northern and Santa Fe Railway
Filed 9/19/06 Transamerica Leasing v. Burlington Northern and Santa Fe Railway CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SEVEN
| TRANSAMERICA LEASING, INC., Plaintiff and Appellant, v. BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY et al., Defendants and Respondents. | B183418 (Los Angeles County Super. Ct. No. BC297668) |
APPEAL from a judgment of the Superior Court of Los Angeles County. Alan G. Buckner, Judge. Affirmed.
Flynn, Delich & Wise, Erich P. Wise and Michelle M. Gu for Plaintiff and Appellant.
Sims Law Firm and James S. Van Dam for Defendant and Respondent Burlington Northern and Santa Fe Railway Company.
Lee, Bazzo & Nishi, Ted M. Lee and Allison M. Hunt for Defendant and Respondent American Pacific Movers.
Morison-Knox Holden & Prough, William C. Morrison, Michael D. Prough and Philip D. Witte for Defendant and Respondent RLI Insurance Company.
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Plaintiff seeks indemnity from defendants for attorney fees and costs it incurred in retaining independent counsel to defend it against an underlying action for personal injuries and wrongful death. On cross-motions for summary judgment the trial court concluded no actual conflict existed between plaintiff and defendants or their insurer in the underlying action which would justify plaintiff's retention of independent counsel. Plaintiff appeals from the judgment for defendants. We affirm.
FACTS AND PROCEEDINGS BELOW
Plaintiff Transamerica Leasing, Inc. (Transamerica) leased a trailer chassis used for transporting cargo containers to defendant Burlington Northern and Santa Fe Railway Company (Burlington). Burlington subleased the chassis to defendant American Pacific Forwarders, Inc. (American Pacific), a trucking company. American Pacific contracted with Jose Barajas to haul the chassis loaded with containers to a rail yard.
On his way to the yard Barajas collided with a passenger car driven by Alice Guest with her two children as passengers. Guest and one child were seriously injured; the second child was killed. The Guests filed a lawsuit for personal injuries and wrongful death against American Pacific, Burlington and Transamerica.[1]
The lease agreement between Transamerica and Burlington contained an indemnity clause which stated: â€
