City of Ontario v. Superior Court

In this case, which appears to be one of first impression, we are called upon to determine whether the State of California’s (State) demand for equitable indemnity against the City of Ontario (City) is barred by the State’s failure to precede its lawsuit by the filing of a claim pursuant to the Government Tort Claims Act. (Gov. Code, § 810 et seq.) The State argues that section 905, subdivision (i), specifically exempts claims by the State from the general requirements. The City responds that section 935 permits it to override this exemption by enactment, and that it has in fact done so. We agree with the City, and find that the trial court erred in overruling its demurrer to the State’s complaint.

The factual and procedural background of the matter may be quickly recited. On January 16, 1991, the State filed a complaint for indemnity against the City, alleging that third party plaintiffs had recovered a judgment against the State based on flood damage, and that it had paid the judgment on February 20, 1990. The State further alleged that the damages suffered by the plaintiffs in that action were due in whole or in part to acts or omissions of defendant City.

The City…