Ewart v. County of Los Angeles CA2/7
Following Galloway’s assignment of rights to Ewart, Ewart, as Galloway’s assignee, sued the County, alleging a single claim of “implied indemnity.” Ewart alleged Galloway, acting as a volunteer traffic officer on the day of the accident, was an agent of the County and entitled to indemnification. Ewart did not identify a contract under which a right to indemnity was expressed or implied or a statute authorizing indemnity.
The County demurred. Construing the claim as one for equitable indemnity, the County argued there could be no equitable indemnity without joint liability and it had been found not liable for Ewart’s injuries as a matter of law. The County alternatively argued Galloway had failed to file a timely claim for indemnity as required under the Government Claims Act as a precondition to maintaining an action for indemnity against the County.
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