Judgment for contribution may be entered by one tortfeasor judgment debtor against other tortfeasor judgment debtors by motion upon notice. Notice of such motion shall be given to all parties in the action, including the plaintiff or plaintiffs, at least 10 days before the hearing thereon. Such notice shall be accompanied by an affidavit setting forth any information which the moving party may have as to the assets of defendants available for satisfaction of the judgment or claim for contribution.
§ 878.Motion For Judgment For Contribution; Notice
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 878 lets a tortfeasor judgment debtor obtain a contribution judgment against other tortfeasor judgment debtors by noticed motion, requiring at least ten days' notice to every party in the action, including the plaintiff, along with an affidavit describing the paying defendant's knowledge of the other defendants' assets.
Full Text of § 878
Plain-English Summary
Once a tortfeasor has paid more than a pro rata share and § 875's right of contribution has matured, this section supplies the procedural vehicle for collecting on it: a motion, not a separate lawsuit. The moving party gives notice of the motion to every party still in the action — plaintiffs included, even though they have nothing left to gain or lose from the contribution dispute — at least ten days before the hearing.
The motion has to be accompanied by an affidavit setting out whatever the moving party knows about the other defendants' assets available to satisfy the judgment or the contribution claim. That requirement gives the court, and the other judgment debtors, a starting point for assessing how the contribution obligation should be collected.
Frequently Asked Questions
How does a tortfeasor who overpaid a joint judgment collect contribution from the others?
By motion upon notice in the same action, rather than by filing a separate lawsuit.
How much notice must be given before the contribution motion is heard?
At least ten days, served on all parties in the action, including the plaintiff or plaintiffs.
What must accompany the motion for contribution?
An affidavit setting out any information the moving party has about the other defendants' assets available to satisfy the judgment or the contribution claim.
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
Also known as: motion for contribution californiajudgment for contribution tortfeasors