Allis-Chalmers Corp. v. Superior Court

Opinion

LAVINE, J.

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Petitioner seeks a writ of mandate compelling the superior court to grant its motion for summary adjudication of issues.

Facts

Carlos Leon was killed while operating a forklift manufactured by petitioner and distributed by real party. His heirs filed suit against petitioner and real party, among others, alleging that the forklift was negligently manufactured, designed, assembled, etc. Petitioner filed a cross-complaint against real party and others; real party filed its own cross-complaint against petitioner for full and partial indemnity and breach of warranty.

[1157]

In the main part of the case, petitioner served requests for admissions on plaintiffs, which requests went unanswered and were therefore deemed admitted. Based on the facts deemed admitted, petitioner obtained a summary judgment on the complaint and petitioner was dismissed from that part of the lawsuit. (The nature of the facts deemed admitted established that petitioner was not liable to plaintiffs.) At the time that summary judgment was granted, the trial judge said that a separate motion for summary judgment should be brought with respect to the cross-complaint.

Petitioner brought such a motion,

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which was heard on January 22, 1985. Petitioner argued that it was not liable to real party on the causes of action for indemnity because it could not be jointly and severally liable to plaintiff, having been dismissed from that part of the action. Petitioner further argued that it was not liable on real party’s cause of action for breach of warranty because it did not sell the forklift to real party, therefore it was not “in privity” with real party. The trial court granted judgment on the pleadings as to the breach of warranty cause of action, but denied the motion for summary adjudication of the issues as to the indemnity causes of action. Petitioner challenges the latter portion of the court’s order.

Did the trial court err in refusing to grant summary adjudication of the issues as to the indemnity causes of action? Yes.