Harrington Tools, Inc. v. Sunland Chemical & Research Corp. (In Re Harrington Tools, Inc.)

MEMORANDUM

Harrington Tools, Inc. (“HTI”) appeals the district court’s order affirming the bankruptcy court’s decision granting Sun-land Chemical & Research Corp.’s (“Sun-land”) motion for summary judgment and affirming the bankruptcy court’s evidentia-ry rulings. We have jurisdiction pursuant to 28 U.S.C. §§ 158 (d) and 1291, and we affirm.

The bankruptcy court correctly concluded that HTI’s equitable indemnity claim against Sunland fails as a matter of law because equitable indemnity “is not available in the absence of a joint legal obligation to the injured party.” Prince v. Pac. Gas & Elec. Co., 45 Cal.4th 1151 , 90 Cal.Rptr.3d 732 , 202 P.3d 1115, 1122 (2009). HTI has not raised a triable question as to whether HTI and Sunland may be jointly liable to Community Bank, even under California’s liberal joint liability rules. See Time for Living, Inc. v. Guy Hatfield Homes/All Am. Dev. Co., 230 Cal.App.3d 30 , 280 Cal.Rptr. 904, 911 (1991) (“It is well established that tortfeasors need not have acted in unison, or even concurrently, to be considered as joint tortfeasors. Even tortfeasors whose successive acts unite to produce an indivisible injury may be considered joint…