The Court of Appeal held that an agreement obligating a developer and city to indemnify LAFCO against claims arising from its annexation decision lacked consideration because the agreement simply required LAFCO to do what it was already obligated to do
LAFCo Lacks The Legal Authority To Require An Annexation Applicant To Indemnify LAFCo When The Applicant Subsequently Sues LAFCo.
It is now common for a local agency to require defense and indemnity as a result of subsequent litigation concerning an…
Game Changer: Public Agency Cannot Mandate Payment of Attorney Fees Under Indemnity Agreement Without Specific Statutory Authority
In a low-profile but important new decision, San Luis Obispo Local Agency Formation Commission v. City of Pismo Beach, __ Cal.App.5th __ (2021) (Case No. B296968), the Second District Court of Appeal affirmed a trial court decision and held that…