Mizirawi v. Holl

Opinion

ARNE, J.

*

This is an appeal from a judgment ordering contribution between defendant and appellant Richard E. Holl and codefendant and respondent Baldwin & Howell, a corporation, on a pro rata basis from a verdict awarding compensatory damages against both on a complaint charging them with negligent misrepresentation or fraud.

This is the third in a series of appeals in a matter that has been in litigation for over 11 years. Suffice it to say that following the second

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trial in this case a verdict was rendered against Angelo and Alfred Franchi, Baldwin & Howell and Richard E. Holl for $36,124 compensatory damages. While punitive damages were also awarded, they are not the subject of this appeal. The sum of $24,014.88 was paid to the plaintiff by Baldwin & Howell which then sought contribution from Richard E. Holl, its agent and employee, on a pro rata basis. The motion was granted and a judgment was entered in favor of respondent, Baldwin & Howell, against Richard E. Holl in the sum of $12,007.44.

In prosecuting this appeal appellant contends that the right of Baldwin & Howell to seek contribution from him is barred by the provisions of section 875, subdivision (d)

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of the Code of Civil Procedure. And, further, that even if contribution were allowable, the award exceeds his pro rata share. We disagree with both contentions and affirm the judgment.

Prior to 1957 enactment of section 875 et seq. of the Code of Civil Procedure it was often said that there was no right of contribution between joint tortfeasors in this state.

Adams

v.

White Bus Line

(1921) 184 Cal. 710 [195 P. 389];

Smith

v.

Fall River J. U. High School Dist.