Baird

I disagree with the majority’s reliance on the comparative equitable indemnity doctrine to support its conclusion that Baird was entitled to indemnification by Jones and RE/MAX for any damages he paid to Samee. The majority relies heavily on American Motorcycle Assn. v. Superior Court (1978) 20 Cal.3d 578 [ 146 Cal.Rptr. 182 , 578 P.2d 899 ] and Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 [ 119 Cal.Rptr. 858 , 532 P.2d 1226 , 78 A.L.R.3d 393 ]. Yet, neither of those cases dealt with the situation here where an intentional tortfeasor seeks indemnification from a concurrent intentional tortfeasor with whom he has been found jointly and severally liable.

It has long been the law of this state that “the law will not aid a wrongdoer.” (See, e.g., Dow v. Sunset Tel. & Tel. Co. (1912) 162 Cal. 136, 139 [ 121 P. 379 ].) The reason for the rule is that “the courts will not aid one tortfeasor against another because no one should be permitted to found a cause of action on his own wrong.” (Herrero v. Atkinson (1964) 227 Cal.App.2d 69, 74 [ 38 Cal.Rptr. 490 , 8 A.L.R.3d 629 ].)

The majority recognizes that the doctrine of comparative equitable indemnity cannot be applied contrary to public…

In this case we are asked to consider whether the comparative equitable indemnity doctrine, set forth by our Supreme Court in American Motorcycle Assn. v. Superior Court (1978) 20 Cal.3d 578 [ 146 Cal.Rptr. 182 , 578 P.2d 899 ], permits an intentional tortfeasor to obtain indemnity from a concurrent intentional tortfeasor. We conclude that it does.

RE/MAX of Costa Mesa, Irvine, Newport Beach, Inc., and its employee, Chuck I. Jones, appeal a judgment requiring them to indemnify Earle J. Baird. Baird, Jones and RE/MAX were held jointly and severally liable to Tarek Samee for damages resulting from Samee’s attempted purchase and rezoning of Baird’s property. Baird cross-complained against Jones and RE/MAX for indemnity. The trial court found both Baird and Jones had made intentional and negligent misrepresentations to Samee. But the trial court found Jones’s conduct was more egregious than Baird’s. Therefore, Baird was entitled to equitable indemnification from Jones and RE/MAX. The judgment provided Baird could recover from Jones and RE/MAX the full amount of any damages he paid to Samee. We affirm.

On April 14, 1987, Baird signed a listing agreement with Jones and RE/MAX…

Michael G. York for Cross-defendants and Appellants.

Oswald & Yap and Joseph M. Galosic for Cross-complainant and Respondent.

OPINION

WALLIN, J.

In this case we are asked to consider whether the comparative equitable indemnity doctrine, set forth by our Supreme Court in American Motorcycle Assn. v. Superior Court (1978) 20 Cal.3d 578 [ 146 Cal. Rptr. 182 , 578 P.2d 899 ], permits an intentional tortfeasor to obtain indemnity from a concurrent intentional tortfeasor. We conclude that it does.

RE/MAX of Costa Mesa, Irvine, Newport Beach, Inc., and its employee, Chuck I. Jones, appeal a judgment requiring them to indemnify Earle J. Baird. Baird, Jones and RE/MAX were held jointly and severally liable to Tarek Samee for damages resulting from Samee's attempted purchase and rezoning of Baird's property. Baird cross-complained against Jones and RE/MAX for indemnity. The trial court found both Baird and Jones had made intentional and negligent misrepresentations to Samee. But the trial court found Jones's conduct was more egregious than Baird's. Therefore, Baird was entitled to equitable indemnification from Jones and RE/MAX. The judgment provided Baird could recover from Jones and…