At the subsequent bench trial, the court awarded Valley Crest its full deductible of $250,000 plus other out of pocket costs for a total of $282,496, and awarded National Union $494,002.37 on its subrogation claim. Appellant Mission Pools argued that the trial court erred because: (1) Respondent’s claim for express indemnity was barred under California Code of Civil Procedure § 337.1(a); (2) National Union should have borne the loss under the balancing of the equities; and (3) Mission Pools was entitled to a jury trial on Valley Crest’s claim for express indemnity. Mission Pool’s first argument relies on California Code of Civil Procedure § 337.