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Green v. Southern California Edison Co.1/31/2002
rial fact, Nu West's moving papers needed to contain evidence establishing that either Nu West never entered into the August 1996 Agreement at all (e.g., that the August 1996 Agreement was never signed on behalf of Nu West), or that the parties never intended such 1996 Agreement to apply to work done by Nu West in 1998. Nu West did not produce evidence as to either issue.
2. The Motion for Determination of Good Faith Settlement
Southdown does not contend that the trial court erred by finding that Nu West's settlement with the plaintiff was in good faith. Accordingly, our disposition is addressed only to the issue of Southdown's cause of action for express indemnity.
DISPOSITION
The judgment is reversed as to Southdown's cause of action for express indemnity, and is remanded with directions to the trial court to conduct further proceedings consistent with the views expressed herein. Southdown shall recover its costs on appeal.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
We concur:
KLEIN, P. J.
KITCHING, J.
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