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California Forms of Pleading and Practice--Annotated
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

25-300 California Forms of Pleading and Practice--Annotated 300.syn


Indemnity and Contribution


Expert Practitioners, Judges, and the Matthew Bender Editorial Staff

Chapter Summary


This chapter discusses express contractual indemnity, whereby one party engages to save another from the legal consequences of conduct by one of the parties or some other person. It explains the circumstances under which express indemnity agreements are typically used, and it includes forms relating to actions based on such agreements. It also includes a form of notice and request for defense for use by an indemnitee to notify an indemnitor of an action pending against the indemnitee for an implied or express indemnified matter.

The chapter also discusses comparative indemnity (also known as implied equitable indemnity) among multiple tortfeasors. It includes forms of a cross-complaint for partial or full comparative indemnity; a complaint for implied contractual indemnity and an allegation to be used in such a complaint with regard to defective auto repairs; a notice of motion for an order awarding attorney's fees in an action for comparative indemnity; a notice of motion for a determination of the good faith of a settlement issue and supporting declarations; and a petition for writ of mandate to challenge the binding effect of the trial court's determination of the good faith issue on the ground that such a binding effect would violate due process.

Finally, the chapter examines contribution among joint non-tort obligors and judgment debtors. It provides a form of complaint for contribution against joint obligors or joint and several obligors, a notice of motion, a declaration, and an order for contribution from a non-tort judgment debtor. Finally, the chapter reviews the relationship of contribution and tort law.

California Forms of Pleading and Practice (Matthew Bender)provides detailed analysis of the law, plus timesaving forms, checklists, and research guides. It covers all aspects of procedure in civil actions and proceedings, from pleadings to appeal, including arbitration and mediation; complaints, answers, and demurrers; and discovery. It offers encyclopedic coverage of all civil practice areas, including business and commercial law; civil rights; real estate; and torts. It also covers attorney practice and ethics and features regular updates on all relevant California and federal legislation, administrative regulations and procedures, judicial decisions, and California Rules of Court.


Contractual Indemnity,Express Contractual Indemnity,Contribution,Indemnity,Joint and Several Liability,Joint Liability,Express Indemnity,Indemnification,Illegal Acts,Negligent Acts,Indemnitor,Implied Equitable Indemnity,Comparative Indemnity,Apportionment of Shortfall,Good-Faith Settlement,Statutory Pro Rata Contribution,Tortfeasors,Contribution,Joint Nontort Obligors,Joint Nontort Judgment Debtors,Joint Tortfeasors,Multiple Tortfeasors


For discussion of insurance contracts, see Chapter 308, Insurance.

For discussion of bonds and other forms of sureties, see Chapter 538, Suretyship, Bonds, and Undertakings.

For discussion of negligence, see Chapter 380, Negligence.

For discussion of contribution rights as they relate to settlements with some but not all co-defendants, see Chapter 520, Settlement and Release.

For the form of an agent's complaint against a principal for implied contractual indemnity, see Chapter 427, Principal and Agent.


For discussion of express contractual indemnity, see:
  • California Products Liability Actions (Matthew Bender), Chapter 2, Liability for Defective Products.
  • Damages in Tort Actions (Matthew Bender), Chapter 50, Indemnity.
  • Personal Injury: Actions, Defenses, Damages (Matthew Bender), Chapter 80, Indemnity.
  • Frumer & Friedman, Products Liability (Matthew Bender), Chapter 15, Indemnity, Contribution, and Apportionment of Damages.
See California Torts (Matthew Bender) for discussion on the current state of tort law, as well as analysis of unsettled areas, including: negligence; effect of workers' compensation law; medical, legal and other professional malpractice; intentional torts; wrongful termination; discrimination and harassment; public entity liability and claims procedure; and insurance claims.
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