Facts

An employee was parking cars for a valet car parking company when he was struck by a city owned garbage truck. The employee filed suit against the city for negligence.

CROSS-COMPLAINANT'S CONTENTIONS:
The city cross-complained against the valet parking company, contending that pursuant to a city ordinance, the parking company must indemnify the city for injuries caused to the parking company's employee.

CROSS-DEFENDANT'S CONTENTIONS:
The parking company took the position that the city was precluded from seeking indemnity pursuant to Labor Code section 3864 and the exclusive remedy doctrine. They argued the ordinance upon which the city's indemnity claim relied, even in conjunction with the parking company's application for an "on street valet parking permit," did not amount to a "written agreement," a requirement to fit within the exception to Labor Code 3864 and the exclusive remedy doctrine.

Result

Following extensive briefing and oral argument, the court sustained the parking company's demurrer, without leave to amend.