Optimal Water v. Robbins
Plaintiff Optimal Water, Inc. appeals from a judgment awarding attorney fees and nonstatutory costs under Corporations Code section 317, subdivision (d) (all further statutory references are to this code unless otherwise indicated) in favor of defendant Eric R. Robbins. Section 317 provides for the indemnification of agents of corporations in legal proceedings. Optimal argues that former employee Robbinss conduct precludes him from being indemnified for fees and costs incurred in successfully defending a suit instituted by Optimal charging various torts he allegedly committed during his employment. Robbins argues that because he was an agent of Optimal and was successful on the merits, he is entitled to indemnity. Court bagree and affirm the judgment.



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