State of California v. Superior Court

By petition for extraordinary writ the State of California and the California Department of Highway Patrol seek review of an order of respondent superior court overruling their general demurrer to a cross-complaint for indemnity. The dispositive question is whether in the circumstances of record the cross-complainants were required to comply with the claim filing requirements of the California Tort Claims Act (Gov. Code, §§ 810 et seq., 910 et seq.) and to allege in their cross-complaint that they had done so. We hold that they were.

On May 26, 1981, plaintiffs (husband and wife) filed an action against Shortstop (a corporation) and Brock (an individual) seeking damages for bodily injury, property damage and loss of consortium arising out of a collision between a truck driven by plaintiff husband and a truck owned by Shortstop and driven by Brock. Answers were filed for Shortstop on October 21, 1981, and for Brock on December 10, 1981. Each answer alleged, among other things, that the incident was wholly or partially due to the acts of others and that fault should be comparatively apportioned among all responsible parties in light of American Motorcycle Assn. v. Superior…