Augustus v. Bean

GIBSON, C. J.

In 1956 Harry C. Augustus was injured as a result of the negligent operation by Aaron Shaffer and Cecil Compton Bean of their respective automobiles, and he recovered judgment against them in April 1958. That judgment was fully satisfied by Shaffer, and one-half of the amount he paid was awarded to him as contribution from Bean, who appeals contending that there was no right of contribution.

Prior to the enactment in 1957 of title 11 of part 2 of the Code of Civil Procedure (§§ 875-880), the general rule was that one tortfeasor could not obtain contribution from another.

(Adams

v.

White Bus Line,

184 Cal. 710, 712-713 [195 P. 389] ;

Smith

v.

Fall River J. U. High School Dist.,

1 Cal.2d 331, 334 [34 P.2d 994].) The 1957 enactment provides for a right of contribution where a money judgment has been rendered jointly against two or more defendants in a tort action and one of them has paid more than his pro rata share of it.

1

Section 880 provides, “This title shall become effective as to causes of action accruing on or after January 1, 1958.” The sole question presented is whether the term “causes of action” is to be construed as referring to the original cause of action for the tortious injury, which accrued prior to January 1, 1958, or as referring to the cause of action for contribution, which accrued after that date.

[272]

In

Hudson

v.

Hutchason

(1959), 171 Cal.App.2d gupp. 869, 871 [340 P.2d 756], it was held that section 880 refers to causes of action for contribution, rather than those for the original injury, and that where a judgment in a tort suit is entered against two defendants after January 1, 1958, and is satisfied by one of them, there is a right of contribution notwithstanding the fact that the accident occurred before that date. We agree. The statutory system for contribution does not concern the relationship of tortfeasors to the one injured but deals with the relationship of tortfeasors to each other when, after entry of judgment, one of them discharges the common liability. In such a system it is clear that the important consideration is when the judgment is entered and payment made to the injured party, not the date of the tort.