Contract And Tort Cross-Claims Were Intertwined—So No Need For Apportionment.
In Newport Beach Center for Surgery, LLC v. Acclaim Recovery Mgt., LLC, Case No. B290636 (2d Dist., Div. 5 March 2, 2020) (unpublished), plaintiff won a $59,005.50 compensatory verdict in a case with a contractual fees clause, also defeating contract and tort cross-claims. Plaintiff sought to recover $317,637.50 in fees, with the trial judge discounting by 25% to arrive at a $272,637.50 fee award. The 2/5 DCA affirmed the fee award, finding that there was no requirement to allocate between work on the contract and tort cross-claims because they were interrelated to claims won by the plaintiff in the litigation, when considered as a whole.