City of Lake Forest v. A.J. West Ranch
Cross-defendant A.J. West, LLC (West), appeals from summary judgments in favor of cross-complainants City of Lake Forest (City) and Willdan on their cross-complaints for indemnity, arising out of their settlements of a wrongful death action resulting from an automobile accident occurring in the construction zone of a West development project. West contends the court erred in interpreting an indemnity provision to cover the active negligence of City and Willdan. We determine that there is a material issue of fact as to whether certain acts or omissions of City and Willdan caused the accident. If so, those acts and omissions do not fall within the language of the indemnity provision. Therefore Court reverse the judgments and the postjudgment orders awarding attorney fees and costs to City and Willdan.
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