Postley

Cross-complainants and appellants John A. and Julia A. Postley (the Postleys) appeal from an order of dismissal of the indemnity action in their cross-complaint as to cross-defendants and respondents Larry and Ruth Harvey (the Harveys).

We reverse because the statute of limitations in an indemnity action does not begin to run until liability is established in the original action, which has not as yet occurred herein, and because the Postleys’ cross-complaint is amenable to amendment.

Procedural and Factual Background

On or about August 24, 1979, plaintiffs Lucille and Fred Angel (the Angels) filed suit against the Postleys for damages, negligence, nuisance and punitive damages arising from an alleged mudslide occurring in March, 1978.

On October 16, 1979, the Postleys filed an answer to the complaint. Thereafter, inspection disclosed that the Postleys had themselves incurred property damage from the mudslide, so they in turn sought, and were granted, leave to file a cross-complaint on May 14, 1980, against the Angels for property damage.

Following a deposition taken of the Angels’ expert wherein he opined that the ground feeding the slide area was on the Harveys’ as…