Public Works Contractor Defeats City’s Indemnity Claim for Wrongful Termination

The firm successfully defended a public works paving contractor against a cross-complaint filed by a local municipality in Los Angeles County Superior Court. The City attempted to force the contractor to defend and indemnify the City in an underlying lawsuit brought by a former City employee for wrongful termination and whistleblower retaliation. The firm filed a demurrer to the cross-complaint, arguing that the City was attempting to impermissibly shift liability for its own intentional employment decisions onto a third-party contractor, which is strictly barred by California law and public policy. The Court agreed with the firm’s arguments and sustained the demurrer, striking the City’s substantive indemnity and breach of contract claims.

Counsel: P. Randolph Finch Jr., Esq. , David W. Smiley, Esq. and Nathan T. Nguyen, Esq.