Legal Opinion
Pederson v. Kennedy
California Court of Appeal
Decided February 22, 1982No. Civ. 49433PublishedCited by 8 opinions
1Opinion of the Court
Opinion
BARRY-DEAL, J.
Defendant-appellant, Bruce Kennedy, individually and doing business as Summit Properties, appeals from the portion of the judgment which awards plaintiff-respondent attorneys’ fees in the sum of $17,500 as compensatory damages.
The sole issue on appeal is a legal one: Does Civil Code section 3333 1 authorize attorneys’ fees as an element of compensatory damages awarded in a judgment against a fiduciary based upon a finding of fraud? Appellant contends that Code of Civil Procedure section 1021 2 precludes such an award. We agree.
The Facts
The parties have filed an agreed…
2Cases cited8 opinions
- Serrano v. PriestCalifornia Supreme Court · 1977
- Prentice v. North American Title Guaranty Corp.California Supreme Court · 1963
- Walters v. MarlerCalifornia Court of Appeal · 1978
- Davis v. Air Technical Industries, Inc.California Supreme Court · 1978
- Overgaard v. JohnsonCalifornia Court of Appeal · 1977
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3Cited by8 opinions
- Gray v. Don Miller & Associates, Inc.California Supreme Court · 1984
- Gorman v. Tassajara Development Corp.California Court of Appeal · 2009
- Saunders v. CarissCalifornia Court of Appeal · 1990
- Austero v. Washington National InsuranceCalifornia Court of Appeal · 1982
- Heckert v. MacDonaldCalifornia Court of Appeal · 1989
3 more not listed; retrieve them via the Exa API.