1489 REVIEW DENIED Although equitable principles are applied, an action for equitable indemnity is essentially an action at law, and the parties have a constitutional right to jury trial; if all parties had an opportunity to litigate comparative fault issues in an underlying action, the jury's apportionment of fault has the effect of collateral estoppel in a subsequent claim for equitable indemnity between defendants in that underlying action.CitationMARTIN v COUNTY (Equitable Indemnity) 51 CA4 688 [See: C&K v Amber 23 C3 1; Golden West v City 25 CA4 11]
|
|