Procedural Posture

Procedural Posture

Appellant insurance broker challenged a judgment of the Superior Court of San Francisco County, California, which sustained a demurrer to its cross-complaint against respondent medical group for comparative indemnity without leave to amend. The broker filed the cross-complaint after it was sued for breach of contract and negligence by an insured that had retained its services. The parties were counseled by a corporate attorney for the civil litigation.


The insured alleged that the group had submitted timely information to the broker about a patient’s renal failure claim, but that the broker failed to prepare the form for reporting it in a timely fashion. The court found that the cross-complaint did not allege vicarious or strict liability, nor an implied contractual obligation for the group to indemnify the broker. The question was whether, with respect to the claims analysis, the group owed the insured a duty of care sounding in tort. Despite the cross-complaint’s use of negligence terminology, the alleged misconduct by the group described, at most, a breach of contract, not a breach of a legal duty of care. It was an improper attempt to recast a breach of contract cause of action as a tort claim. Nor was there any social policy that would demand resort to tort remedies. Without any action sounding in tort, there was no basis for a finding of potential joint and several liability on the part of the group, thereby precluding a claim for equitable indemnity. Because negligent performance of a contract gave rise to contract damages only, such alleged negligence would not support a claim for equitable indemnity.


The court affirmed the trial court’s judgment.

Procedural Posture

Plaintiff claimant sought review of a judgment from the Court of Appeal, Third Appellate District (California), which issued a writ of mandate directing that the trial court sustain defendant city’s demurrer to the claimant’s contract suit.


The claimant alleged that the city breached redevelopment contracts and gave its plans to another developer. The claimant did not present a claim before filing suit. After the trial court overruled a demurrer, the city filed a cross-complaint. The court of appeal found the demurrer meritorious and ruled that the claimant could file a cross-complaint asserting defensive claims. The court held that the claims presentation requirements of Gov. Code, §§ 905, 911.2, 945.4, applied to contract causes of action and that the claimant’s failure to comply barred its suit. Gov. Code, § 814, pertained only to immunity and had no effect on the claims requirements. The court stated that “Government Claims Act” was a more appropriate short title for Gov. Code, § 810 et seq., than “Tort Claims Act.” Because the claimant sought money or damages, the specific property exception to Gov. Code, § 905, did not apply. Nothing in the city’s conduct gave rise to estoppel or to waiver under Gov. Code, §§ 910.8, 911. Pursuant to Code Civ. Proc., § 432.10, the claimant could raise affirmative defenses in its answer to the cross-complaint, but Code Civ. Proc., § 431.30, subd. (c), precluded affirmative relief.


The court affirmed the judgment of the court of appeal as modified to include directions to order the trial court to grant the claimant leave to amend the second amended complaint, should the claimant seek to do so, and to omit the directions that the claimant be allowed to file a cross-complaint.

278 thoughts on “Procedural Posture

    Professional DJ Features
    Record songs and beats
    Create scratch pads from looping tracks
    Custom vinyl for scratchpad effects
    Over two decks with professional mixing controls
    Customized hot cue – hot cue lets you create certain patterns by recording them
    Store and load deck presets
    Instant playback of audio from selected Vinyl
    Create your own beats with OctaveShift/OctaveSpin functions
    Over 7.5GB of audio samples and loops for scratching
    PC/Mac compatible
    Windows vista and higher, Mac OS X 10.4 and higher, and Linux 2.2 and higher

    As Producer, what are

    6add127376 marychri

  2. Shellfish came originally from IdeaFactory and currently is released under GPL. Features: – An on-screen keyboard designed for privacy (an automated handwriting recognizer).- It is possible to have a speed of 30 words per minute.- It’s size: only 9MB.- Transparency effect to avoid detection with an Intrusion Detection System.- Ability to put ink in specific key positions.- Automatic randomization of keys and characters.- Randomized upper-case letters.- Easy-to-use.- Keyboard

    6add127376 marolea

  3. It is optimized for Windows 98/ME/2000/XP and Vista, and its requirements are like those of Windows 98/2000/XP. We rate it 4.5 out of 5.
    Download Parabola Calculator

    Clash of Clans portuguese version

    Licenses are available for students and teachers in all EU/EEA countries.Download Chart for a License

    Why Download Club Member Software?

    You must already have

    6add127376 devirel

  4. Using this applet

    The slider is an 8-bit component for use with Java 1.2. It also supports use with Java 1.3 and later. Although other similar controls exist, Paintscale Slider (Smooth, Fast, Flash, Meters, or Pixels) is the most comparable. This component uses Graphics2D. Unfortunately, The Graphics2D class does not have a mechanism to enable mouse events. The original

    6add127376 bergzer

  5. You may not give Browster and your Browster requests away, give Browster or sources to be used for Browster to other people, and the user agrees to credit and reference Browster as the source of the discovery.
    It is recommended that Browster be installed onto the same computer that uses it. But you can still use Browster on any computer with IE6 and Firefox 1.5 or higher.
    Quick Start:
    Just a few mouse-motions or taps, and you

    6add127376 brifaul

  6. Please Digg This Page!!!

    GPRS/EDGE/WCDMA PhonesThe voice-dialing feature on 2G CDMA phones has come a long way — now you can have your entire contact list conveniently dialed for you by holding down the B button. Let your phone(s) take you wherever you want to go with Kies now!!!(And more coming soon)
    Callers can pick a default or per-person calling plan.

    6add127376 uthmbrid

  7. editor’s review,

    Version reviewed: 1.2

    US$ 1.49 (Freeware)

    Age Ratings

    Unauthorized – 2.5/5

    User Review –
    by ulalenacarol

    The Good – Very light app, easy to use

    The Bad – The author did not cite the plug-ins used nor the site that published the illustrations so it is impossible for me to comment

    6add127376 valado

  8. Sunset Oasis includes 3 themes. Sunset Forest, Sunset Desert and Sunset Bay. Sunset Forest is a projective background with a nice shadow blur effect that creates an interesting effect on your desktop. Sunset Desert has real golden sand sprinkled with round fragrant flowers. Sunset Bay is a transparent background of calm water with a range of islands. You can choose the “Theme Bar” tab to launch or open the fine control panel to change settings.

    Verified and Freeware. Almost 100

    6add127376 pacybea

  9. In addition, you can take advantage of the Debugger feature in order to find errors and make any necessary corrections during the development process.The Brain Train

    $750/month +tax

    Whether you are in the beginning stages of training or have been utilizing traditional methods, the Brain Train is your one stop solution for kick starting your transformation. This hands-on mentorship is led by Michelle Steele, an award-winning modern fitness trainer. Michelle’s mission is to fully encourage

    6add127376 torrfla

  10. Web sites we discuss on this page are of the following types:

    Personal History

    Moral Issues

    African American Genealogical History


    African American History


    Casualty Records

    Historical Sites


    History of California

    History of New England

    Online Repositories

    Removal from United States to Canada 1885-1893

    Online Anonymously


    6add127376 lolvall

  11. Contribution of soil and water management practices to crop yield safety under increasing mid-crop heat stress: a two-year field study in Almeria, Spain.
    Heat stress during crop growth is currently a major constraint to world food production. The global warming is projected to continue with heat stress becoming a major limiting factor for global food production. Microclimate assessments and plant growth analyses were carried out in a sown wheat (Triticum aestivum L.) and barley (Hordeum

    6add127376 allran

  12. ■ VST Plugin Framework (VST3) Windows and Mac
    ■ A drum-machine must be connected to your sequencer.
    ■ You can use any machine in your studio such as Korg, Yamaha, Roland, etc.
    ■ Max 4 buttons of your drum-machine
    ■ No front panel
    ■ Only sequencer, no patches, no arpeggiator, no nothing.
    ■ No plugin

    6add127376 andfil

  13. Cisco iOS Virtual Switch is an optional device driver that provides an interface between a physical network interface that supports a virtual Cisco SVI 100 module or an existing Cisco model 100/220 switch. Note that SVI 100 module is a network interface switch. Each one of them is compatible with the full range of 100/200-series models switches.
    The Cisco iOS Virtual Switch is supported for all Cisco SVI 100 and SVI 200/250 switch models. In addition, you

    6add127376 garjan

  14. login information is available
    ■ Currently no download manager has ever been released by the developers of BeatMover. However, the developers have released the source code so that anyone with some Java programming skills can modify it and build their own download manager for Beatport.
    ■ BeatMover uses track information from the beatport website. Due to competition from other download managers, the beatport website is changing frequently. It is therefore a good idea to modify BeatMover to

    6add127376 nikobiha

Comments are closed.

Back To Top