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Homeowner sues over implied contractual indemnity
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Court Report
Monday, October 8, 2018
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After a homeowner settled with neighbors over allegations that included intentional trespass, negligent trespass, negligence and private nuisance, he filed suit for implied contractual indemnity against his contractor.
The contractor claimed that to establish he was also responsible for injuring Jaffe’s neighbors, the homeowner must show they had “a joint legal obligation to” the neighbors.
The California district judge looked to determine whether indemnity may exist where the indemnitor commits a wrongful act that causes damage to a third party.
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