Cause of Action for Equitable Indemnity against Public Entity Accrues when Cross-Complainant Served with Version of Complaint That Gives Rise to Cross-Claim

In Centex Homes v. Superior Court (City of San Diego), published March 25, 2013, the Fourth District Court of Appeal, Division One, interpreted the portion of Government Code section 901 that sets forth the date an equitable indemnity action against a public entity accrues.  The statute states that the time to present the claim starts running when a defendant is served with the complaint giving rise to the defendant's claim for equitable indemnity against the public entity.  The trial court ruled that the defendant's time to present the claim began running when the original complaint was served on the defendant, regardless of whether that complaint gave notice of a potential cross-claim against a public entity.  The appellate court reversed.  It held that the defendant's time to present a claim did not start running until it was served with an amended complaint that contained a theory that gave rise to a potential cross-claim against the city.