What is the test for collecting attorney fees under the tort-of-another doctrine?

California, United States of America


The following excerpt is from Beeson v. Lion Conn. Holdings Inc., A144542, A147993 (Cal. App. 2018):

The attorney-fees stipulation did not cover attorney fees recoverable as damages, but instead covered attorney fees recoverable by noticed motion following the damages phase of trial. Collecting damages under the tort-of-another doctrine involves factual questions of whether a defendant's tortious conduct "reasonably compel[led]" a plaintiff to retain counsel to defend against a third party's claims (or whether it was "reasonably necessary" to do so) (Brandt v. Superior Court, supra, 37 Cal.3d at pp. 817, 820), whether the incurrence of attorney fees was proximately caused by defendant's tort (id. p. 817), and whether the case involved "a clear violation of a traditional tort duty between the tortfeasor who is required to pay the attorney fees and the person seeking compensation for those fees." (Sooy v. Peter, supra, 220 Cal.App.3d at p. 1310.)

Other Questions


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)
Can an attorney litigant represented by other attorneys in his firm recover attorney fees? (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 collecting attorney fees under the tort-of-another doctrine? (California, United States of America)
If an attorney's work is complete upon signing of a decree of distribution, and if so, how much work must be done by the attorney to complete the work before the attorney has to engage other counsel for the remaining 60% of his work? (California, United States of America)
Can an attorney who is sued for malpractice by a former client cross-complain for equitable indemnity against a successor attorney who has been hired to extricate the client from the condition created by the predecessor attorney? (California, United States of America)
Does attorney-client privilege extend to disclosures made after the attorney refuses to undertake representation? (California, United States of America)
Can a Defendant refuse to cooperate with his appointed attorney and thereby compel the court to replace that attorney? (California, United States of America)
Does the Attorney General have an obligation to provide a good faith effort to obtain materials from a defendant's trial attorney? (California, United States of America)
Can a letter between the Attorney General and Attorney General be admitted as a public record? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.