California Health and Safety Code 79670 – (a) A person who has incurred response or corrective action …
(a) A person who has incurred response or corrective action costs in accordance with this part, Chapter 6.5 (commencing with Section 25100) of Division 20, or the federal act may seek contribution or indemnity from any person who is liable pursuant to this part.
(b) An action to enforce a claim may be brought as a cross-complaint by any defendant in an action brought pursuant to Section 79650 or this section, or in a separate action after the person seeking contribution or indemnity has paid response or corrective action costs in accordance with this part, Chapter 6.5 (commencing with Section 25100) of Division 20, or the federal act.
Terms Used In California Health and Safety Code 79670
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Director: means "State Director of Health Services. See California Health and Safety Code 21
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
- Plaintiff: The person who files the complaint in a civil lawsuit.
(c) A plaintiff or cross-complainant seeking contribution or indemnity shall give written notice to the director upon filing an action or cross-complaint under this section.
(d) In resolving claims for contribution or indemnity, the court may allocate costs among liable parties using appropriate equitable factors.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)