Ab Avnet Emg v. Sierra Semiconductor Corp.

81 F.3d 167 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. AB AVNET EMG, Plaintiff-Appellant, v. SIERRA SEMICONDUCTOR CORP., Defendant-Appellees. No. 94-15420. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 16, 1995. Decided March 22, 1996. 1 Before: WALLACE, Chief Judge, and LEAVY, Circuit Judge, and BAIRD, * District Judge. 2 MEMORANDUM ** 3 AB Avnet EMG ("Avnet") appeals the district court's dismissal of its action for equitable and implied indemnification against Sierra Semiconductor Corporation ("Sierra") for failure to state a claim upon which relief can be granted. We affirm. I. Equitable Indemnification 4 Under California law, equitable indemnification is a doctrine for the apportionment of tort liability. GEM Developers v. Hallcraft Homes, 213 Cal.App.3d 419, 427 (1989). In order to sustain a claim of equitable indemnity against Sierra for the award paid to Hot Line, Avnet must establish that Hot Line could have successfully brought a…