When will attorney fees be apportioned between separate causes of action?

California, United States of America


The following excerpt is from Hoffman v. Superior Ready Mix Concrete, L.P., 241 Cal.Rptr.3d 476, 30 Cal.App.5th 474 (Cal. App. 2018):

"Once a trial court determines entitlement to an award of attorney fees, apportionment of that award rests within the court's sound discretion." ( Carver v. Chevron U.S.A., Inc. (2004) 119 Cal.App.4th 498, 505, 14 Cal.Rptr.3d 467 ( Carver ).) " Attorney's fees need not be apportioned when incurred for representation on an issue common to both a cause of action in which fees are proper and one in which they are not allowed. [Citation.] Attorneys fees need not be apportioned between distinct causes of action where plaintiff's various claims involve a common core of facts or are based on related legal theories. [Citation.] Apportionment is not required when the issues in the fee and nonfee claims are so inextricably intertwined that it would be impractical or impossible

[241 Cal.Rptr.3d 485]

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