Allocation Not Necessary Where Same Facts And Evidence Involved On All Claims.
In Klein v. Nyamathi, Case No. B228157 (2d Dist., Div. 6 Jan. 25, 2012) (unpublished), defendants were found liable to the tune of just under $400,000 for flooding their plaintiff neighbors’ property under nuisance and breach of contract theories. The trial court also awarded plaintiffs attorney’s fees of $552,655.75 and costs of $63,595.83. Defendants appealed.
They did not get any aid. Paragraph 11 of the governing CC&Rs did have an anti-nuisance clause allowing for fee entitlement. No allocation of fees was necessary between compensable and noncompensable claims because the same facts and evidence were interrelated to all theories of recovery.