Upon motion, a court after reviewing the evidence in the principal case may award attorney's fees to a person who prevails on a claim for implied indemnity if the court finds (a) that the indemnitee through the tort of the indemnitor has been required to act in the protection of the indemnitee's interest by bringing an action against or defending an action by a third person and (b) if that indemnitor was properly notified of the demand to bring the action or provide the defense and did not avail itself of the opportunity to do so, and (c) that the trier of fact determined that the indemnitee was without fault in the principal case which is the basis for the action in indemnity or that the indemnitee had a final judgment entered in his or her favor granting a summary judgment, a nonsuit, or a directed verdict.
§ 1021.6.Attorney's Fees Awarded On Claim of Implied Indemnity
Title 14. Of Miscellaneous Provisions · Chapter 6. Of Costs · Last amended 1982 · Last verified July 28, 2026
In one sentenceSection 1021.6 lets a court, on motion, award attorney's fees to a party who wins an implied indemnity claim after being forced by another's tort to sue or defend a third party, if that indemnitor was notified and declined to step in, and the indemnitee is later found free of fault.
Full Text of § 1021.6
Plain-English Summary
Implied indemnity lets one party who was blameless but got dragged into litigation by someone else's wrongdoing shift the loss to the party at fault. Section 1021.6 goes a step further and lets the blameless party recover attorney's fees for the trouble, but only when several conditions line up.
The indemnitee has to show that the indemnitor's tort forced the indemnitee to bring or defend a lawsuit protecting the indemnitee's own interests, for example, being sued by a third party over damage the indemnitor caused. The indemnitor also has to have been properly notified of the demand to step in and defend, and to have passed up that opportunity. Finally, the trier of fact must have found the indemnitee free of fault in the underlying case, or the indemnitee must have won on summary judgment, nonsuit, or a directed verdict.
Because all three findings have to be made, this fee award follows, rather than substitutes for, a full resolution of who was at fault -- the court reviews the evidence in the principal case before deciding whether fees are appropriate.
Frequently Asked Questions
What must an indemnitee show to recover attorney's fees under Section 1021.6?
That the indemnitor's tort forced the indemnitee to sue or defend a third-party action, that the indemnitor was properly notified and didn't step in, and that the indemnitee was found free of fault or won by summary judgment, nonsuit, or directed verdict.
Does the indemnitor have to be told about the lawsuit first?
Yes. The indemnitor must have been properly notified of the demand to bring the action or provide a defense and have failed to take up that opportunity.
Is a fee award under Section 1021.6 automatic?
No, it's requested by motion, and the court reviews the evidence in the principal case before deciding whether to award fees.
Amendment History
Amended by Stats. 1982, Ch. 1383, Sec. 1.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: ccp 1021.6 implied indemnity attorney feesattorney fees indemnity claim california