In BFGC Architects Planners, Inc. v. Forcum/Mackey Construction, Inc. (2004) 119 Cal.App.4th 848, the project owner (a school district) sued its architect for breach of contract and professional negligence that caused $4 million in extra project costs. The architect filed a cross-complaint for equitable indemnity against the general contractors, alleging that they negligently failed to comply with the terms of their contracts with the school district. The Court of Appeal held that no cognizable claim for equitable indemnity was stated. "The only allegations of defendants' misconduct are based on their alleged breach of contract ... . This is an improper attempt to recast a breach of contract cause of action as a tort claim. Nor is there any social policy that would demand resort to tort remedies. Without any action sounding in tort, there is no basis for a finding of potential joint and several liability on the part of defendants, thereby precluding a claim for equitable indemnity." (Id., at p. 853.)