Gray v. Don Miller & Associates, Inc.

Opinion

MOSK, J.

We granted a hearing in this case in order to resolve a conflict in the decisions of the Courts of Appeal on whether a party who obtains a judgment against a fiduciary for fraud is entitled to recover attorney fees as an element of the damages incurred. Walters v. Marler (1978) 83 Cal.App.3d 1, 30 [147 Cal.Rptr. 655], held that the victim of the fraud is entitled to such damages, while Pederson v. Kennedy (1982) 128 Cal.App.3d 976, 980 [180 Cal.Rptr. 740], decided the contrary.

Plaintiff, the owner of a landscape contracting business, made an offer in writing in May 1978 to…