Cases: Tort of Another

Tort Of Another: Although It Is Not An Independent Cause Of Action, The Doctrine Could Be Pursued As A Component Of Damages In Plaintiff’s Tort Claims Against Her Broker Relating To A Residential House Purchase

Cases: Tort of Another

Plaintiff’s Prior Loss In An Arbitration Against Seller And Seller’s Broker Did Not Prevent Application Of The Doctrine. Plaintiff buyer of a residential house was not pleased after discovering that the property reeked of cigarette smoke.  She first sued seller and seller’s broker primarily for nondisclosure, and she lost an arbitration against them (naturally incurring […]

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

Cases: Tort of Another

A Third Party Had To Be Involved, Not The Case. Guinnane Construction Co. v. Chess, Case No. A172999 (1st 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

Tort Of Another: Former Client Not Entitled To Tort Of Another Fees In Case By Former Counsel Which Client Incurred Against Lawyer’s Attempt To Collect/Retain An Unreasonable Fee

Cases: Tort of Another

Case Has A Nice Discussion Of The Law, Showing You Need Some Third Party Litigation Rather Than Just Fees Incurred In Litigating The Action Itself.                In Parrish v. Stoll, Nussbaum & Polakov, Case No. G062005 (4th Dist., Div. 3 Apr. 24, 2024) (unpublished), our local Santa Ana appellate court faced an appeal from a

Equity, Judgment Enforcement, Tort Of Another: Law Corporation’s Attempts To Setoff Adverse Judgment For Tort Of Another Fees Were Rebuffed By Court Of Appeal

Cases: Equity, Cases: Judgment Enforcement, Cases: Tort of Another

Nothing Demonstrated Setoff For Tort Of Another Fee Damages Could Be Obtained In A Postjudgment Phase.             The result in David S. Karton, A Law Corporation v. Musick, Peeler, Garrett LLP, Case No. B305837 (2d Dist., Div. 1 Oct. 3, 2022) (published), was driven by a prior appellate opinion where a default in favor of

Appeal Sanctions, Judgment Enforcement, Tort Of Another: Judgment Creditor Denied Contractual, Statutory, Or Tort Fees Where Thrust Of Dispute Involved Claim Under A Separate Contract Not Involving Judgment Debtors And Having No Contractual Fees Clause

Cases: Appeal Sanctions, Cases: Judgment Enforcement, Cases: Tort of Another

Attorney Was Not A Party To The Judgment Collection Settlement Agreement And Defenses Asserted In An Answer Do Not Provide A Tort Of Another Damages Predicate; Appellate Sanctions Request Denied.              Bush v. Cardinale, Case No. A159689 (1st Dist., Div. 4 Aug. 13, 2021) (unpublished) was a situation where a judgment creditor reaching judgments against

Tort Of Another: $250,000 Tort Of Another Fee Award, As Damages, Affirmed Because Substantial Benefit “Defense” Involves Consideration Of The Equities

Cases: Tort of Another

Positive Gains Were Outweighed By Harm To Bank’s Reputation And Its Years Of Struggles With Regulators/Federal Criminal Prosecutors.             The “tort of another doctrine” is a nuanced one allowing attorney’s fees to be awarded as damages in certain situations.  Fees under this doctrine may be mitigated by consideration of special benefits that the alleged tortfeasor

Tort Of Another: Cross-Defendants Could Not Pursue Fees Against Unsuccessful Cross-Complainant For Work Incurred Against Other Co-Cross-Defendants In The Same Action

Cases: Tort of Another

Fourth District, Division Two Is Also Dismissing Settled Appeals, But Still Issuing Its Views In Appeals Dismissed Late In The Appeal Process Or In Appeals With Minimal Merits.             CDFT Limited Partnership v. DKN Holdings, LLC, Case No. E067583 (4th Dist., Div. 2 July 29, 2019) (unpublished) was a situation where one successful group of

Tort Of Another: $794,379 In Tort Of Another Fees Awarded To Seller And Against Dual Agent/Agent’s Broker Was Reversed As A Matter Of Law

Cases: Tort of Another

Tort Of Another Claim Had Been Stricken Earlier By A Different Judge And There Was No Indication Seller Actually Incurred Any Fees To Her Attorneys.             Boykin v. He, Case No. A149020 (1st Dist., Div. 2, January 31, 2019) (unpublished), was a very convoluted case considered on appeal by the First District, Division 2, in which

Tort Of Another: Buyer Alleging Joint Conspiracy Theory Could Not Recover Attorney’s Fees From Joint Tortfeasors, Real Estate Agent And Broker, Based On Tort Of Another Theory

Cases: Tort of Another

Court Of Appeal Followed Vacco Industries’ Reasoning On This Issue.             In 3405/3407 Slauson Ave., LLC v. Gilleron, Case No. B265290 (2d Dist., Div. 3 June 13, 2018) (unpublished), plaintiff buyer agreed to purchase 4 commercial property units from defendant buyer, with defendant real estate sales agent engaging in a joint broker arrangement with seller

Tort Of Another:  Trial Stipulation Did Not Adequately Preserve Tort Of Another Fee Recovery Request When It Only Talked About A Noticed Motion

Cases: Tort of Another

Tort Of Another Is A Damages Phase Issue, Such That Any Renewal Was Too Prejudicial.             Beeson v. Lion Connecticut Holdings Inc., Case Nos. A144542/A147993 (4th Dist., Div. 1 mod. unpublished opinion Apr. 11, 2018; original unpublished opinion Mar. 14, 2018) dealt with a cross-appeal by a party cross-complainant challenging a lower court’s denial of

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