Second District, Division Seven Affirms Denial of Motions for Attorney’s Fees and Sanctions We have written from time to time about tort of another and section 1021.6 as bases for attorney’s fees. Justice Perluss, author of a 3-0 opinion, has written a conveniently concise primer on the subjects. State Farm Mutual Automobile Ins. Co. […]
Sixth District Determines Trial Court Properly Applied “Tort of Another” Doctrine in Favor of Landowners With the Challenging Driveway. Co-contributors Marc and Mike have written an article on when attorney’s fees may be awarded as damages in certain cases. (See “When the American Rule Doesn’t Apply: Attorney’s Fees as Damages in California Litigation,” California
Sixth District Narrowly Construes Scope of “Tort of Another” Fee Exception. In our November 13, 2008 post, we noted that co-contributors Marc and Mike wrote an article on recovering attorney’s fees as damages in the Vol. 21, No. 3 issue of the 2008 California Litigation. One of the discussed topics was the “tort
Fourth District, Division Three Reverses Wide-ranging Fee Award and Remands For Narrower Determination. We have seen the litigants in the next case before. (See our posts of June 2, 2008 and August 27, 2008, where the McMahons have suffered adverse fee awards and sanctions in a long-standing battle with a homeowners association.) Here,
Second District Confirms That the “Tort of Another” Exception Applies to Third Party Actions, Not Direct Actions Against Joint Tortfeasors. Infac Mgt. Corp. v. Infac India Group LLC,Case No. B195247 (2d Dist., Div. 4, May 19, 2008) (unpublished) reminds us that the “tort of another exception” to the American Fees Rule—the
