MM150016TH LP, A CALIFORNIA LIMITED PARTNERSHIP VS. TALMADGE AND TALMADGE, INC, ET AL

SF Superior Court - Real Property / Housing Dept 501 - CUD21667704 - June 6, 2025 Hearing date: June 6, 2025 Case number: CUD21667704 Case title: MM150016TH LP, A CALIFORNIA LIMITED PARTNERSHIP VS. TALMADGE AND TALMADGE, INC, ET AL Case Number: | | CUD21667704 | Case Title: | | MM150016TH LP, A CALIFORNIA LIMITED PARTNERSHIP VS. TALMADGE AND TALMADGE, INC, ET AL | Court Date: | | 2025-06-06 09:30 AM | Calendar Matter: | | DEMURRER to Amended CROSS COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for June 6, 2025. Line 2.

DEFENDANT GINA GIAMMANCO (ERRONEOUSLY SUED HEREIN AS "GINA GIAMMANCO, AN INDIVIDUAL DOING BUSINESS AS URBAN HOLISTIC"), KRISTIN JAMIESON DEMURRER to 1ST Amended CROSS COMPLAINT is OVERRULED as to the first and third causes of action for equitable indemnity and declaratory relief and SUSTAINED without leave to amend as to the second cause of action for contribution.

The sole basis for the demurrer is the absence of any allegation that cross-defendants committed any tortious conduct. However, Stop Loss Insurance Brokers, Inc. v. Brown & Toland Medical Group (2006) 143 Cal. App. 4th 1036, 1040-1041 quotes another case that "implied contractual indemnity can provide a basis for equitable indemnity" and then states that there was no allegation of implied contractual indemnity in Stop Loss. See also CACI 3081 for the Judicial Council instruction on implied contractual indemnity.

The first cause of action alleges implied contractual indemnity and the third cause of action is based on implied contractual indemnity, so the demurrer as to those claims lacks merit. Per Code of Civil Procedure 875, a contribution claim requires tortious conduct, so the second cause of action fails as a matter of law. =(501/HEK)

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