Girard

Introduction

Appellant Delta Towers Joint Venture (appellant) owned a large office building in Century City and gave its consent to a tenant, respondent law corporation of Dem, Mason, Swerdlow, & Floum (DMF), to sublease a portion of its leasehold to cross-defendant WFI, Inc. (WFI), which was already a subtenant of respondent Mediacom, Inc. (Mediacom). Because appellant gave consent to DMF’s sublease to WFI without apprising Mediacom’s president, respondent Felix E. Girard III (Girard), of the new sublease, the trial court found appellant liable for the tort of intentional interference with prospective business advantage and for equitable indemnity. The trial court also gave judgment to DMF on appellant’s cross-complaint for indemnification. We reverse.

Procedural Background

Appellant filed a complaint for breach of lease and breach of personal guaranty against respondents Mediacom and Girard. Along with their answer to the complaint, respondents filed a cross-complaint against appellant, DMF, WFI and Jerome Schneider (Schneider). The cross-complaint included causes of action for fraud and deceit, conspiracy, interference with prospective business advantage, and…