Vallier
Vallier v. Jet Propulsion Laboratory
Opinion
Opinion
Snyder, J.
ORDER DENYING CALIFORNIA INSTITUTE OF TECHNOLOGY’S PETITION FOR CERTIFICATION AND GRANTING UNITED STATES’ MOTION FOR SUMMARY JUDGMENT
I. INTRODUCTION
Plaintiffs filed this action against defendant and third-party plaintiff Jet Propulsion Laboratory (“JPL”), and defendant California Institute of Technology (“Cal-tech”) on January 10, 1997 in Los Angeles County Superior Court. Thereafter, Cal-tech filed a third party claim against the United States that is described below. On February 24, 1997, Caltech removed this action to this Court pursuant to 28 U.S.C. §§ 1331 ,1441,1442, and 2679.
II. PROCEDURAL HISTORY
Caltech, which operates JPL, filed its third-party complaint for indemnity and declaratory relief against the United States under the Federal Torts Claims Act (“FTCA”). The third-party complaint alleges four claims for relief: (1) comparative equitable indemnity (proximate cause); (2) comparative equitable indemnity (vicarious liability); (3) implied contractual indemnity; and (4) declaratory relief.
On December 24, 1997, following removal of this action to this Court, the United States filed a motion to dismiss Caltech’s claims pursuant to Fed.R.Civ.P. 12(b)(1) or, in the…