Cases: Tort of Another – Page 3

Tort Of Another: Plaintiff Defeating Usury Counterclaim Entitled To Fees Under This Doctrine Against Unlicensed Broker, Because Proof Of Broker’s Conduct Needed To Defeat Usury Claim

March 20, 2013

Plaintiff won contract/tort claims arising from loans made to a deceased person brokered by an unlicensed broker who happened to be a trustee of the deceased person’s trust. The win included defeating a usury counterclaim brought by the estate. The lower court then found that plaintiff was entitled to attorney’s fees as additional […]

Allocation/Section 1717/Tort of Another: $477,031 Attorney’s Fees Award Affirmed In Real Estate Purchase Appeal Where Both Sides Appealed

December 12, 2012

No Prejudice In Arguing All Defendants Should Be Liable/Failure to Claim Tort of Another Fee Damages At Trial Dispositive Against Fee Petitioner. DeSantis v. Oakmont LLC, Case No. A128220 (1st Dist., Div. 5 Dec. 7, 2012) (unpublished) is a wild case on appeal involving parties suing over a failed real estate transaction, with

Appeal/Apportionment/Damages/Tort Of Another: $330,000 Fee Award To Winning Plaintiff Remanded To Apportion Work To Clearing Title Tasks

Cases: Allocation, Cases: Tort of Another

June 23, 2012

Slander of Title Work Needs to be Apportioned Out; No Fees For Appellate Work. Defendant in Johnson v. Grayson, Case No. G044975 (4th Dist., Div. 3 June 22, 2012) (unpublished) lost a quiet title case (also having a slander of title claim), but appealed a $330,000 adverse fee award grounded on the tort

Private Attorney General/Insurance/Requests For Admissions: Insured Prevailing In Auto Insurer Action Properly Denied Fees Where No Large Class Of People Benefited And Plaintiff Failed To Allocate Fees Between Policy Benefit Work/Work Incurred In Proving

Cases: Insurance, Cases: Private Attorney General (CCP 1021.5), Cases: Requests for Admission, Cases: Tort of Another

April 28, 2012

Lack of Allocation Was Fatal for Brandt and RFA Issues. Insured prevailed in a suit against auto insurer for making repairs rather than declaring the car a total loss. However, insured was denied requested fees of $500,000 ($250,000 plus a 2 multiplier) even though claiming them under one of three theories: (1) California’s

Tort Of Another: Because Slander Of Title Was Not Pled Nor Proven, No Basis For Applying The Doctrine

Cases: Tort of Another

February 8, 2012

Fee Denial By Trial Court Was Correct. In a long unpublished decision that is good reading for practitioners involved in a prescriptive easement dispute, a trial court ultimately concluded that the plaintiffs owned a fee simple interest in a 40-foot strip of land running along the eastern boundary of their property and that

Tort of Another: No Negligence Finding Precluded Application Of “Tort Of Another Doctrine”

Cases: Tort of Another

January 7, 2012

Third District Provides Useful Reminder The Third District, in Dupre Ins. Services, Inc. v. Hall, Case No. C066073 (3d Dist. Jan. 5, 2012) (unpublished), reminds us that the “tort of another” theory of fee recovery cannot work where the party being charged under this theory is found to have been not negligent. There was

Special Fee Shifting Statute And Tort Of Another: Settlement Confirmed As Good Faith Settlement Because Settling Party Had No Indemnity Fee Exposure Under Health and Safety Code Fee Provision Or Tort Of Another Doctrine

Cases: Special Fee Shifting Statutes, Cases: Tort of Another

September 3, 2011

$1.5 Million Fee Exposure Was Nonexistent Such That Indemnity Rights Issue Did Not Impact Good Faith Settlement Analysis. In PacificCare of California v. Bright Medical Associates, Inc., Case No. G041507 (4th Dist., Div. 3 Sept. 2, 2011) (certified for publication), Acting Presiding Justice Aronson affirmed a good faith settlement determination after deciding on