Hybrid Cases Can Be Expensive.
Keenan v. Souza, Case Nos. B276437 et al. (2d Dist., Div. 4 Oct. 24, 2018) (unpublished) was an LLC dispute with broad contractual fee recovery clauses. Needless to say, certain defendants/cross-complainants prevailed. The trial judge awarded over $825,000 in fees and costs to the prevailing parties, determining the contractual and tort claims were inextricably intertwined such that no allocation was necessary. The appellate court affirmed, especially given in the right case (this one) that apportionment was only discretionary where claims were interrelated.