Legal Opinion
Topanga and Victory Partners v. Toghia
California Court of Appeal
Decided December 11, 2002No. B142502PublishedCited by 28 opinions
1Opinion of the Court
Opinion
VOGEL (C. S.), P. J.
Introduction
The issue presented by this appeal is whether a defendant who is not a party to a contract but is sued for breach of that contract and various related tort and statutory causes of action may recover attorney fees incurred in defending the noncontract causes of action if the plaintiff files a voluntary dismissal with prejudice. We hold that he cannot.
Background of the Case
Appellant Topanga and Victory Partners, LLP (Topanga) and two other plaintiffs filed a complaint against Omni Medical Centers, Inc. (Omni) alleging breach of contract, tort-related…
2Cases cited6 opinions
- Santisas v. GoodinCalifornia Court of Appeal · 1998
- Chia-Lee Hsu v. AbbaraCalifornia Supreme Court · 1995
- Reynolds Metals Co. v. AlpersonCalifornia Supreme Court · 1979
- International Industries, Inc. v. OlenCalifornia Supreme Court · 1978
- Jones v. DrainCalifornia Court of Appeal · 1983
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3Cited by28 opinions
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- Marina Glencoe, L.P. v. Neue Sentimental Film AGCalifornia Court of Appeal · 2008
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