Sardie

United States Ex Rel. Giles v. Sardie

Good Law
191 F. Supp. 2d 1128·2000 WL 33596834·2000 U.S. Dist. LEXIS 22027
United States District Court, Central District of CaliforniaAugust 7, 200096CV2002California2,663 words

Opinion

Opinion

Baird, J.

ORDER GRANTING FLEMING’S MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

This matter comes before the Court upon the third-party defendants’ motion for summary judgment of the third party complaint against Fleming Construction & Equipment, et al. (“Fleming”). At issue here is the validity of a release agreement signed by Martinez and Fleming pursuant to the settlement of a state action between the two parties. After careful analysis, the Court finds that the aforementioned release is valid, and thus bars the present claim for indemnification. Therefore, Fleming’s motion for summary judgment is granted.

II. FACTUAL BACKGROUND

On January 17,1994, an earthquake centered in Northridge, California, struck the Los Angeles metropolitan area. The City of Los Angeles (“City”) established a city-sponsored demolition and debris removal program under the leadership of the Bureau of Engineering of the Department of Public Works by January 25, 1994. City declared a state of local emergency and entered into demolition and debris removal contracts. City Council also implemented a local preference policy in awarding recovery contracts to help resuscitate the local economy. Third-party plaintiff…

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