Evans

MEMORANDUM FOR JUDGMENT

This case presents a question concerning the scope of the doctrine of implied indemnification between joint tortfeasor's under California law. Briefly stated, the stipulated facts are these:

Plaintiff Great American Insurance Company, hereinafter “Great American”, prior to October 1, 1956, insured Erickson Brothers, Inc., hereinafter “Erickson”, and Emmanuel Schwaub, hereinafter “Schwaub”, who were the owners of a warehouse building which was leased by them to H. C. Evans Van & Storage Company, hereinafter “Evans”. This lease was an oral agreement giving Evans sole possession of the premises on a monthly basis and was made with the express understanding that the lessee, Evans, was to be responsible for the use, maintenance, and inspection of the freight elevator located in the warehouse.

On October 1, 1956, Evans employed defendant Valley Elevator Company, hereinafter “Valley”, to place the elevator in working condition, and thereupon entered into a separate inspection .service contract with Valley in connection with the use of the elevator, which provided in part that Valley “would assume no liability for injuries or damage to persons or property except…