Recovery on Fiduciary Duty Aiding/Abetting Count Not Justify Fees, Even Though Plaintiff Recovered $7.1 Million Jury Verdict.
Plaintiff recovering a $7.1 million jury verdict on a fiduciary duty aiding/abetting count was not happy when a fees motion was denied. Plaintiff appealed from the fee denial in American Master Lease LLC v. Idanta Partners Ltd., Case No. B247478 (2d Dist., Div. 7 Sept. 22, 2014) (unpublished).
Plaintiff’s appeal was unsuccessful. First, the defense nonsignatories to an operating agreement with a fees clause were not subrogated, third-party beneficiaries, successors or alter egos to the signatory parties. Thus, no fee entitlement. Second, the estoppel argument did not fly, simply alleging fee entitlement as the defense did, if there was no basis, did not translate into actual fee entitlement. Affirmed.