3H Investments v. Duncan CA4/3

Good Law
Court of Appeal of CaliforniaJuly 18, 2024G062641California2,600 words

Opinion

Opinion

INTRODUCTION

Kathleen Duncan has appealed a postjudgment order denying her motion for contribution from Airport Storage, LLC, a company that she managed for several years. After an arbitration, Melissa Priest, Richard Priest, and 3H Investments, LLC (3H) (collectively respondents) obtained a judgment for withheld distributions, costs, and attorney fees. Duncan asserts she and Airport Storage were joint judgment debtors and Airport Storage therefore is liable to her for contribution on a pro rata basis after she paid the entire judgment. Duncan’s motion in the trial court requested indemnity, contribution from Airport Storage as a joint tortfeasor, and contribution from Airport Storage as a “judgment debtor[] jointly liable on a money judgment.” (Code Civ. Proc., § 882.)1 On appeal, however, she has abandoned the first two grounds. She now seeks contribution from Airport Storage solely on the ground that it is jointly liable with her on a money judgment. The trial court ruled on her request for indemnity and for contribution from Airport Storage as a joint tortfeasor, denying them both. As Duncan does not dispute this aspect of the order on appeal, we affirm it. The trial court,…

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