People Ex Rel. Department of Transportation v. Superior Court

Yusim, Cassidy, Stein & Hanger, Andrew D. Stein, Jeffrey G. Keane, Shelden & Kulchin, Shelden, Kulchin & Klein, Sydney Kulchin and David E. Klein for Real Parties in Interest.

William A. Dorland and Marcus R. Williamson as Amici Curiae on behalf of Real Parties in Interest.

OPINION

TOBRINER, J.

In American Motorcycle Assn. v. Superior Court (1978) 20 Cal.3d 578 [ 146 Cal. Rptr. 182 , 578 P.2d 899 ], our court explained that when a plaintiff's injury is proximately caused by the negligent acts of a number of joint tortfeasors, although each tortfeasor is "jointly and severally" liable for the injury, the plaintiff enjoys no right to single out only one or a few of the tortfeasors to bear all of the loss. We pointed out in this regard that a named defendant who has been so selected for suit has a right to pursue his own equitable indemnity action against an additional unnamed tortfeasor to obtain indemnity for any liability that should properly be borne by such additional tortfeasor.

In the instant case, the plaintiff, injured in an automobile accident on a public highway, instituted the underlying action against a number of individuals but did not file a timely claim against…

In American Motorcycle Assn. v. Superior Court (1978) 20 Cal.3d 578 [ 146 Cal.Rptr. 182 , 578 P.2d 899 ], our court explained that when a plaintiff’s injury is proximately caused by the negligent acts of a number of joint tortfeasors, although each tortfeasor is “jointly and severally” liable for the injury, the plaintiff enjoys no right to single out only one or a few of the tortfeasors to bear all of the loss. We pointed out in this regard that a named defendant who has been so selected for suit has a right to pursue his own equitable indemnity action against an additional unnamed tortfeasor to obtain indemnity for any liability that should properly be borne by such additional tortfeasor.

In the instant case, the plaintiff, injured in an automobile accident on a public highway, instituted the underlying action against a number of individuals but did not file a timely claim against the State of California (state) under the provisions of the California Tort Claims Act (Gov. Code, § 810 et seq.) and did not join the state as a defendant in the action. Several of the named defendants thereafter filed an equitable indemnity action against the state, pursuant to a…

I dissent.

When this court created a theory of partial equitable indemnity in American Motorcycle Assn. v. Superior Court (1978) 20 Cal.3d 578 [ 146 Cal.Rptr. 182 , 578 P.2d 899 ], it held that sound legislative policy, not traditional indemnity principles, would shape the new doctrine. In order to effect fundamental and sound legislative policies reflected in the Tort Claims Act and statutes of limitation, we should hold that the period for filing both claims and actions commences on the date of plaintiffs injury, not years after recovery of judgment.

Prior to American Motorcycle, an injured plaintiff could bring his action against one or more alleged contributing or concurrent tortfeasors as he chose, leaving defendant tortfeasors and their insurers no right to seek contribution by either joining additional defendants or proceeding against them in separate actions. (Code Civ. Proc., § 875 et seq.; 4 Wit-kin, Summary of Cal. Law (8th ed. 1974) pp. 2346-2347.)

By leaving the plaintiff free to select his defendants, the system avoided “the controversial procedure of third party impleader and litigation of the contribution issue in the main action.” (4 Witkin, Summary of Cal.…