Cases: Tort of Another

Fees Awarded For Plaintiff’s Lawsuit Against Insurer To Protect Interest In Insurance Coverage Due To Broker’s Negligenc             A jury found defendant insurance broker liable to plaintiff art gallery owner for damages resulting from an insurance carrier’s denial of a dealer fine art policy claim after plaintiff sued insurer and incurred fees in pursuing insurance […]

Fifth District Concludes It Does, Sustaining A Supporting Superior Court Appellate Division Decision In The Cause Before It.              Although the facts were very convoluted, the Fifth District did confront the legal issue of whether the “tort of another” doctrine applies to contractual cases in State Center Community College Dist. v. American Property Holdings, LLC,

  Restrictions On Its Application Necessitated Reversal In This Case.     As far as challenges to fee awards, we would have to say that challenges to awards under the “tort of another” doctrine have higher chances of reversal, based on the restrictions applicable to use of this doctrine. Los Angeles Community College Dist. v. Roosevelt

  Contractual/Statutory Fee Deadlines And Other Principles Did Not Apply.     Lambert v. Francis, Case No. H041665 (6th Dist. Sept. 21, 2016) (unpublished) involved a long-standing case, with multiple appeals, between prevailing property purchasers and losing seller, with the seller eventually obtained equitable indemnity rights against dual brokers also sued in the overall case.  After

  Problem Was That Joint Tortfeasor Situation Will Not Justify Fees Under This Theory.      Raicevic v. Lopez, Case No. D061253 (4th Dist., Div. 1 Jan. 23, 2015) (unpublished) illustrates a principle that is important in this area of the law—“tort of another” fees will not be awarded in a multiple tortfeasor situation.      What

  “No Tort” Holding Is Not Unanimous Among DCAs.      On May 2, 2014, we posted on Mega RV Corp. v. HWH Corp., a 4/3 DCA opinion holding that the absence of a tort meant attorney’s fees could not be awarded under the “tort of another” doctrine. In denying a rehearing request, this decision has

  Retail Mobilehome Seller Owes No Independent Tort Duty To Component Part Manufacturer.      Justice Ikola, on behalf of the Fourth District, Division 3, has penned an interesting decision in Mega RV Corp. v. HWH Corp., Case No. G047718 (4th Dist., Div. 3 Apr. 30, 2014) (published) in the Song-Beverly Consumer Act area. In the

Very interesting, but not funny.      In Kayne Anderson Private Investors v. Colak, Case No B239111 (2d Dist., Div. 2 May 16, 2013) (unpublished), plaintiffs got hit with a multimillion arbitration award based on breaching a Stock Purchase Agreement representation/warranty by providing inaccurate information (although not being found liable for fraud). A CEO of one