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Shaffery v. Wilson7/28/2000
lawyers paid by the insurer cross-complained against the client's personal lawyers, Paris & Paris. In our case, the client's personal lawyer (Shaffery) cross-complained against "monitoring counsel" (WEMED). As we explained in Major Clients Agency v. Diemer, supra, 67 Cal.App.4th at page 1124, it is immaterial that, from one case to the next, the parties are not in precisely the same position as the parties in the other reported decisions. In substance if not in form, we find the case before us analytically indistinguishable from Kroll & Tract v. Paris & Paris, supra, 72 Cal.App.4th 1537, and conclude the result must be the same.
If WEMED was not representing J&J;at all and was only monitoring the harassment case for Lexington, then WEMED cannot be sued for indemnity by Shaffery. (Goodman v. Kennedy, supra, 18 Cal.3d 335; Commercial Standard Title Co. v. Superior Court, supra, 92 Cal.App.3d 934; California State Auto. Assn. Inter-Ins. Bureau v. Bales, supra, 221 Cal.App.3d 227; Major Clients Agency v. Diemer, supra, 67 Cal.App.4th 1116.) If WEMED was in some ephemeral fashion "representing" J&J;as well as Lexington, that tripartite relationship cannot support a claim for indemnity for the same reasons that a successor lawyer cannot seek indemnity from a predecessor lawyer. (Rowell v. TransPacific Life Ins. Co., supra, 94 Cal.App.3d 818; Munoz v. Davis, supra, 141 Cal.App.3d 420; Woodward-Gizienski & Associates v. Geotechnical Exploration, Inc., supra, 208 Cal.App.3d 64; California State Auto. Assn. Inter-Ins. Bureau v. Bales, supra, 221 Cal.App.3d 227.) Either way, Shaffery cannot obtain indemnity from WEMED.
DISPOSITION
The judgment is affirmed. Wilson, Elser, Moskowitz, Edelman and Dicker LLP is awarded its costs.
CERTIFIED FOR PUBLICATION.
We concur: SPENCER, P.J., ORTEGA, J.
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