Mizirawi

This is an appeal from a judgment ordering contribution between defendant and appellant Richard E. Holl and codefendant and respondent Baldwin & Howell, a corporation, on a pro rata basis from a verdict awarding compensatory damages against both on a complaint charging them with negligent misrepresentation or fraud.

This is the third in a series of appeals in a matter that has been in litigation for over 11 years. Suffice it to say that following the second trial in this case a verdict was rendered against Angelo and Alfred Franchi, Baldwin & Howell and Richard E. Holl for $36,124 compensatory damages. While punitive damages were also awarded, they are not the subject of this appeal. The sum of $24,014.88 was paid to the plaintiff by Baldwin & Howell which then sought contribution from Richard E. Holl, its agent and employee, on a pro rata basis. The motion was granted and a judgment was entered in favor of respondent, Baldwin & Howell, against Richard E. Holl in the sum of $12,007.44.

In prosecuting this appeal appellant contends that the right of Baldwin & Howell to seek contribution from him is barred by the provisions of section 875, subdivision (d) of the Code of…