Bush

In this mandamus proceeding we decide that plaintiffs (the Rains) may settle their claims against one concurrent tortfeasor by taking as part of the settlement an assignment of that tortfeasor’s American Motorcycle claim for equitable indemnity against other concurrent tortfeasors. The petitioners are defendants in an action brought by the Rains as assignees of the American Motorcycle claim. Petitioners seek relief from the overruling of their demurrers. They say the assignment violates public policy and the action should be abated because there is another action pending on the same cause of action, the Rains’ personal injury tort action against them. We issued an alternative writ of mandate to consider the novel questions of law posed.

We will deny the petition. The California rule is that a chose in action is presumptively assignable (Civ. Code, §§953, 954) and petitioners have shown no good reason why they should be excepted from its application.

Petitioners’ most troublesome claim is that if the Rains prevail in both the indemnity and tort actions they will recover more than full compensation for their injuries because the assignment has value only if the settling…