KROLL & TRACK v. Paris & Paris

Barton, Klugman & Oetting and Charles J. Schufreider, Los Angeles, for Cross-complainants and Appellants.

Wilner, Klein & Siegel, Edward E. Wallace and Patrick M. Malone, Beverly Hills, for Cross-defendants and Respondents.

SILLS, P.J.

Sound policy reasons prohibit an attorney sued for malpractice by a former client from cross-complaining for indemnity against the client's successor attorney. Here, we are asked to decide whether these same concerns should bar an indemnity cross-complaint between two independent attorneys who concurrently represented the dissatisfied client, one as insurance defense counsel and one as Cumis [1] counsel, where the client subsequently sued only one of the attorneys. We hold that public policy considerations preclude such a cross-complaint for indemnity and affirm the trial court's order sustaining the demurrer without leave to amend.

Charles Giguere and his company, San Jose Crane & Rigging, Inc. (collectively, San Jose Crane) were sued by the purchasers of an allegedly defective crane. San Jose Crane's personal counsel, Paris & Paris, filed a demurrer to the complaint; the defense was then tendered to the company's liability insurer. Kroll &…