Doose Landscape, Inc. v. Superior Court

Doose Landscape, Inc. (Doose) seeks a writ of mandate after the court granted Park Row Community Association’s (Park Row) motion to determine good faith settlement and bar all cross-complaints for indemnity against Park Row. Because we conclude that Code of Civil Procedure section 877.6 does not afford protection from cross-claims against a settling plaintiff, we grant the petition with respect to the court having barred Doose’s cross-claims against Park Row.

Factual and Procedural Background

In this action Park Row sued the developer, Pardee Construction Company (Pardee), for construction defects at the condominium project. Doose had performed landscaping work on the project pursuant to contract with Pardee. Pardee cross-complained for indemnity against multiple subcontractors including Doose. Doose in turn cross-complained, inter alia, against Pardee and Park Row for indemnity. As to Park Row, it is Doose’s position that if the landscaping contributed to damage at the condominium project, it was caused by the negligence of Park Row through its mismanagement and failure to maintain the landscaping.

Park Row and Pardee stipulated to a settlement procedure whereby they…