Hansen

I.

INTRODUCTION

Over 30 years ago, our Supreme Court announced that where joint tortfeasors are liable for a plaintiff’s injuries, they are entitled to have their liability apportioned among themselves on the basis of their comparative fault. (American Motorcycle Assn. v. Superior Court (1978) 20 Cal.3d 578, 598 [ 146 Cal.Rptr. 182 , 578 P.2d 899 ] (American Motorcycle).) As a procedural matter, the court held that an equitable apportionment of liability among joint tortfeasors could be accomplished through the filing of a cross-complaint seeking equitable indemnity. (Id. at p. 584.)

In this case, defendants Paragon Real Estate Group of San Francisco, Inc., and two of its principals, Linda Harrison and Ellen Anderson (collectively referred to in the singular as Paragon), filed a first amended cross-complaint for equitable indemnity (cross-complaint) against codefendants Peter Hansen and Peter Hansen & Co. (collectively referred to in the singular as Hansen). However, the trial court entered a judgment of dismissal after it sustained Hansen’s demurrer to Paragon’s cross-complaint without leave to amend. The trial court concluded that the cross-complaint was unnecessary…