Tort Of Another: First District Confirms That This Doctrine Does Not Extend To Fees Expended In Suing A Direct Tortfeasor Where The Defendant Had An Adverse Fee Award In The Underlying Action

A Third Party Had To Be Involved, Not The Case.

Guinnane Construction Co. v. Chess, Case No. A172999 (1^st Dist., Div. 2 Mar. 26, 2026) (published) confirmed that the tort of another doctrine does not apply against a tortfeasor beyond fees incurred in prosecuting or defending the action with the third party, but it does not extend to those incurred in an action against the tortfeasor for fees.  The case has a nice discussion of the jurisprudence in this area.