Judge: Robert C. Longstreth, Case: 37-2023-00001192-CU-PO-CTL, Date: 2024-04-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 25, 2024

04/26/2024  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

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Civil - Unlimited  PI/PD/WD - Other Demurrer / Motion to Strike 37-2023-00001192-CU-PO-CTL CHARLES VS TWITCH INTERACTIVE INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 08/14/2023

Cross-Defendant Lenovo (United States), Inc.'s Demurrer to the Cross-Complaint of Twitch Interactive, Inc. (ROA 82) is OVERRULED.

Lenovo asserts Twitch's second and third causes of action, for equitable/implied indemnity and for apportionment and contribution, respectively, are barred as a matter of law because Twitch Interactive, Inc. ('Twitch') is also asserting a claim for express indemnity. However, Twitch is permitted to plead in the alternative. (See, e.g., Adams v. Paul (1995) 11 Cal.4th 583, 593, 'a party may plead in the alternative and may make inconsistent allegations.') On reply, Lenovo insists Twitch has made inconsistent factual allegations. The Fourth District, Division One has held the bar against contradictory factual allegations is limited to verified pleadings. (Travelers Indemnity Co. of Conn. V. Navigators Specialty Ins. Co. (2021) 70 Cal.App.5th 341, 360, fn. 15.) Regardless, Twitch's factual allegations are not inconsistent. To the extent Twitch is unable to prove its contractual indemnity claim, it is permitted to pursue alternative claims for equitable indemnity, apportionment, and contribution.

Next, Lenovo asserts Twitch's second cause of action is premature. It is correct that a cause of action for indemnity does not accrue until the obligation is paid. (People ex rel. Dept. of Transportation v. Superior Court (1980) 26 Cal.3d 744, 748.) However, '[a] defendant may properly bring a declaratory cross-complaint for indemnity in the original tort action even though 'for statute of limitations purposes, the defendant's indemnity action does not accrue until he has suffered actual loss though payment.'' (Allen v. Southland Plumbing, Inc. (1988) 201 Cal.App.3d 60, 65 (quoting People ex rel. Dept. of Transportation at p. 759; see also William L. Lyon & Associates, Inc. v. Superior Court (2012) 204 Cal.App.4th 1294, 1314 and 14A Cal.Jur.3d Contribution and Indemnification § 113.) Finally, Lenovo asserts the third cause of action for contribution and apportionment is improperly duplicative of the second cause of action for equitable/implied indemnity. Lenovo, however, cites no legal authority to suggest these claims are duplicative of each other; it merely cites legal authority to the effect that duplicative claims are properly disposed of on demurrer. The court notes the standard Judicial Council-approved form Personal Injury Cross-Complaint (PLD-PI-002) contains separate causes of action for indemnification and apportionment of fault (at ¶¶ 7-8) and that there are separate jury instructions for each (CACI Nos. 3800, 3801, and 406). Accordingly, the court concludes the argument does not have merit.

Both sides improperly cited to the rulings of other California trial courts in their briefs. The rulings of the trial courts are neither binding nor persuasive authority before this court, and may not be relied upon by the parties, as they have no precedential value except to the parties in the case in which they are Calendar No.: Event ID:  TENTATIVE RULINGS

3041711  4 CASE NUMBER: CASE TITLE:  CHARLES VS TWITCH INTERACTIVE INC [IMAGED]  37-2023-00001192-CU-PO-CTL decided. Citation to these rulings is particularly inappropriate where there is clear California legal authority on point. (See Cal. R. Court, rules 8.1105 and 8.1115.) The court notes as well that Lenovo cited and attached improper authority to a reply brief that violated Cal. R. Court, rule 3.1113(d).

Once confirmed, this ruling shall be the final ruling of the court and no further written order is required.

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