“No Tort” Holding Is Not Unanimous Among DCAs.
On May 2, 2014, we posted on Mega RV Corp. v. HWH Corp., a 4/3 DCA opinion holding that the absence of a tort meant attorney’s fees could not be awarded under the “tort of another” doctrine. In denying a rehearing request, this decision has now been modified to show there is a conflict among intermediate appellate courts on the issue: “Like Sooy v. Peter [1990] 220 Cal.App.3d [1305] at pages 1311-1312, we disagree with the majority opinion in Manning v. Sifford (1980) 111 Cal.App.3d 7, 10-11, wherein the court suggested it could award tort of another damages even if no tort duty existed.” In this regard, Mega RV Corp. also sided with Justice Blease’s dissent in Manning.