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.)
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