Are attorney fees incurred due to third party litigation arising from a breach of contract properly classified as consequential damages?

California, United States of America


The following excerpt is from State Ctr. Cmty. Coll. Dist. v. Am. Prop. Holdings, LLC, F072306 (Cal. App. 2017):

It is therefore apparent from our review that attorney fees incurred due to third-party litigation arising from a breach of contract are properly categorized as consequential damages if those fees were foreseeable or, in other words, proximately caused by the breach. (Cf. Hardison v. Bushnell (1993) 18 Cal.App.4th 22, 26 [outlining basic proximate cause principles in tort cases].) We therefore turn to whether the litigation fees incurred in this case were foreseeable.

Other Questions


What is the test for a claim for damages arising out of a breach of contract between a defendant and a third party? (California, United States of America)
Does a plaintiff have to share in any profits arising from the sale of a property to a third party in order to claim damages from the third party? (California, United States of America)
Can an attorney or party who files a frivolous motion to disqualify or harass an opponent to delay litigation be sanctioned by paying the attorney fees and costs incurred by the opposing party? (California, United States of America)
When is a party seeking attorney fees from a party who is not a party to the litigation? (California, United States of America)
Can a party agree that the prevailing party will be awarded attorney fees incurred in any litigation between them? (California, United States of America)
Is a plaintiff entitled to recover time, attorney fees and attorney fees incurred by a plaintiff in a personal injury action against a third party? (California, United States of America)
Can a plaintiff sue a producer who has complied with third party standards but was found guilty of misrepresentation or breach of warranty because, in someone's opinion, the third-party standards were lax? (California, United States of America)
Can an attorney who chooses to litigate in propria persona rather than retain an attorney to represent him recover attorney fees? (California, United States of America)
What is the test for imposing a sanction including an order requiring an attorney for one party to pay attorney fees for an opposing party? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.