Does the trial court abuse its discretion by not apportioning attorney fees between work performed on a tort and contract?

California, United States of America


The following excerpt is from Majestic Asset Mgmt., LLC v. Colony At Cal. Oaks Homeowners Ass'n, D072627, D072628 (Cal. App. 2018):

Based on our review of the record, we conclude the trial court did not abuse its discretion by not apportioning, or attempting to apportion, attorney fees between work performed on contract causes of action and work performed on tort causes of action. After presiding over the trial and posttrial proceedings in this case, the court was in an optimal position to make its determination that the contract and tort causes of action involved in this case were so intertwined that apportionment of attorney fees was not appropriate. As discussed above, a trial court is not required to apportion attorney fees between contract claims and noncontract claims when it reasonably finds all claims in the case were inextricably intertwined. (Abdallah v. United Savings Bank, supra, 43 Cal.App.4th at p. 1111.)

Other Questions


Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)
Does the Attorney General's assertion that appellate courts review probation conditions for abuse of abuse of power, if the issue was raised in the trial court? (California, United States of America)
Is there an abuse of the burden of showing in a trial court's failure to apportion attorney fees and costs between a declaratory relief claim and tort? (California, United States of America)
Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)
Does the trial court abuse its discretion to exclude prejudicial evidence at trial? (California, United States of America)
What is the test for an abuse of discretion when a trial court elects an atrial court's election of a lower term? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Does the trial court abuse its discretion to exclude prejudicial evidence at trial? (California, United States of America)
Does a restitution order for abuse of discretion constitute an abuse of the court's discretion? (California, United States of America)
In a sexual assault case, how have the courts dealt with claims that the trial court abused its discretion in excluding evidence of the victim's other sexual conduct? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.