Can a plaintiff make a claim for equitable indemnity against the original defendant?

Plaintiffs now point out that one of the assumptions in the court's original order does not find support in current California law. A claim for equitable indemnity does not have to be based on an identical claim in the underlying action. Rather, such a claim for equitable indemnity may be raised as to any claims that the original defendant might have been able to raise as long as there could be joint and several liability for the claims. Molko v. Holy Spirit Assn., 46 Cal.3d 1092, 1127-1128, 252 Cal.Rptr. 122, 142-143, 762 P.2d 46, 66-67 (1988). The claims must relate to the same legal injury, but do not have to be identical claims.