Prince

Jon A. Heaberlin, Bernard P. Lahde, Rankin Landsness, Lahde, Serverian & Stock, San Jose, for Cross-Complainant and Appellant.

Frederick D. Baker, Steven P. Burke, Sedgwick, Detert, Moran & Arnold, San Francisco, for Cross-Defendant and Respondent.

MIHARA, Acting P.J.

Joshua Jackson suffered serious injuries when he attempted to dislodge his kite from Cross-Defendant Pacific Gas & Electric Company's ("PG & E") power line on Cross-Complainant Eve Prince's property. Jackson brought suit against Prince for his injuries, who then filed a cross-complaint against PG & E for indemnification. The trial court granted PG & E's motion for summary judgment and dismissed the cross-complaint pursuant to the principle that "there can be no indemnity without liability." The court entered judgment for PG & E, and Prince appeals. We reverse the judgment.

The underlying facts, which are set forth in Jackson v. Pacific Gas & Elec. Co. (2001) 94 Cal.App.4th 1110, 1113 , 114 Cal. Rptr.2d 831 ( Jackson I ), are undisputed in this case. On April 4, 1998, Joshua Jackson, then ten years old, was playing video games at his friend's house. His friend's mother, Laura Portera, suggested the boys go outside…