Pinpoint Holdings v. Vezer Industrial Professionals

MEMORANDUM

PinPoint Holdings, Inc. (“PinPoint”) brings this interlocutory appeal from the district court’s order denying its motion for summary judgment. PinPoint appeals, arguing only that the district court erred in failing to grant its motion for summary judgment on the basis that California Labor Code section 3864 requires all parties to an indemnification agreement to sign the agreement, and Vezer never signed. We have jurisdiction under 28 U.S.C. § 1292 (b) and reverse and remand.

California appellate courts have unequivocally held that, for an indemnification clause under section 3864 to be enforceable, the document containing the indemnification clause must be signed -by both parties, not just the party against whom the contract is being enforced. See Hansen Mech., Inc. v. Superior Court, 40 Cal.App.4th 722 , 47 Cal.Rptr.2d 47, 53 (1995) (“We conclude that the rental receipt agreement was not properly executed pursuant to Labor Code section 3864 because the agreement was not signed by both parties before the injury occurred.”); Nielsen Constr. Co. v. Int’l Iron Prods., 18 Cal.App.4th 863 , 22 Cal.Rptr.2d 497, 500 (1993) (“We conclude Nielsen has misread section 3864 as…