(a) Where a money judgment has been rendered jointly against two or more defendants in a tort action there shall be a right of contribution among them as hereinafter provided.
§ 875.Right of Contribution
Title 11. Contribution Among Joint Judgment Debtors · Chapter 1. Releases From and Contribution Among Joint Tortfeasors · Enacted 1700 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 875 gives tortfeasors held jointly liable on a money judgment a right of contribution from each other, governed by equity, available only once one of them has paid more than a pro rata share, and unavailable to an intentional wrongdoer or where indemnity already applies.
Full Text of § 875
(b) Such right of contribution shall be administered in accordance with the principles of equity.
(c) Such right of contribution may be enforced only after one tortfeasor has, by payment, discharged the joint judgment or has paid more than his pro rata share thereof. It shall be limited to the excess so paid over the pro rata share of the person so paying and in no event shall any tortfeasor be compelled to make contribution beyond his own pro rata share of the entire judgment.
(d) There shall be no right of contribution in favor of any tortfeasor who has intentionally injured the injured person.
(e) A liability insurer who by payment has discharged the liability of a tortfeasor judgment debtor shall be subrogated to his right of contribution.
(f) This title shall not impair any right of indemnity under existing law, and where one tortfeasor judgment debtor is entitled to indemnity from another there shall be no right of contribution between them.
(g) This title shall not impair the right of a plaintiff to satisfy a judgment in full as against any tortfeasor judgment debtor.
Plain-English Summary
This section opens Title 11 by creating the right that the rest of Chapter 1 administers. When a court enters a single money judgment jointly against two or more tortfeasors, each of them becomes exposed for the whole amount to the plaintiff — but among themselves, § 875 lets the one who pays more than a fair share recover the difference from the others. Subdivision (b) tells courts to work out the details in equity, which is why the sections that follow build in a hearing procedure rather than a rigid formula.
The right doesn't arise the moment judgment is entered. Subdivision (c) withholds it until a tortfeasor has discharged the joint judgment in full, or paid more than a pro rata share, and even then caps recovery at the excess paid over that share — nobody can be forced to contribute beyond their own pro rata share of the whole judgment, a figure § 876 defines.
Three carve-outs matter in practice. An intentional wrongdoer gets no contribution at all under subdivision (d). An insurer that pays a judgment on a tortfeasor's behalf steps into that tortfeasor's contribution rights under subdivision (e). And subdivision (f) keeps this title from disturbing separate indemnity rights — when one judgment debtor already owes indemnity to another, contribution between them drops out entirely, since indemnity shifts the whole loss rather than splitting it proportionally.
Frequently Asked Questions
When does a tortfeasor's right of contribution under § 875 arise?
Only after that tortfeasor has paid the joint judgment in full or paid more than a pro rata share of it — the right doesn't exist merely because judgment was entered jointly.
How much can a paying tortfeasor recover from the others?
Only the excess paid over that tortfeasor's own pro rata share, and no tortfeasor can ever be compelled to contribute more than their own pro rata share of the entire judgment.
Can a tortfeasor who intentionally injured the plaintiff get contribution?
No. Subdivision (d) denies any right of contribution to a tortfeasor who intentionally injured the person harmed.
What happens if a liability insurer pays the judgment instead of the tortfeasor?
Subdivision (e) subrogates the insurer to the tortfeasor's own right of contribution against the other judgment debtors.
How does contribution interact with a right to indemnity?
Subdivision (f) preserves existing indemnity rights, and where one judgment debtor owes indemnity to another, there is no right of contribution between those two.
Amendment History
Added by Stats. 1957, Ch. 1700.
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
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