Ambriz

How should damages be apportioned among joint tortfeasors? This is one of the disturbing conundrums to emerge from Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 [ 119 Cal.Rptr. 858 , 532 P.2d 1226 , 78 A.L.R.3d 393 ], and American Motorcycle Assn. v. Superior Court (1978) 20 Cal.3d 578 [ 146 Cal.Rptr. 182 , 578 P.2d 899 ]. In Paradise Valley Hospital v. Schlossman (1983) 143 Cal.App.3d 87 [ 191 Cal.Rptr. 531 ], the appellate court, in sorting out the issues of contribution and indemnity among joint tortfeasors, answered the question, “should solvent defendants proportionately share liability for a shortfall caused by an insolvent defendant?” The answer was an unequivocal “yes.”

Here, we ponder a variation on this theme. Is it ever proper for a plaintiff, along with other solvent defendants, to share in the shortfall caused by an insolvent defendant? We too, are prepared to squarely answer the question. Yes . . . and no. We take this firm stand because it is possible for the positions of the majority and the dissent in American Motorcycle to coexist in the same case.

This appeal is from a judgment for contribution that arose out of a cross-complaint for partial equitable…