San Jose Water Co. v. Brightview Landscape Services CA6

I. BACKGROUND

A. Complaint In June 2018, plaintiff Carole Adams sued defendants Cabernet Vineyards Homeowners Association (Cabernet), SJWC, and Community Management Services, Inc. Her complaint set forth two causes of action: (1) premises liability; and (2) negligence. Adams alleged that she was injured when she tripped on debris that had fallen from nearby trees onto a walkway near the front of her residence at the Cabernet property. She alleged the trees had been overgrown for a long period of time before the incident and the defendants had failed to act reasonably to remove the hazards, inspect the premises, or warn pedestrians. B. First Amended Cross-Complaint The following year, SJWC filed the operative first amended cross-complaint (cross-complaint), pleading the following causes of action: (1) comparative indemnity; (2) declaratory relief; (3) equitable indemnity; (4) equitable contribution; and (5) breach of contract of express indemnity. SJWC alleged that BrightView had a duty to defend and indemnify SJWC against the Adams complaint, under theories of both equitable and express indemnity. C. The Parties’ Motions In August 2020 (with an amended notice on…