Multiple Parties and Attorney’s Fees

A California Appellate Court has held that in lawsuits involving multiple parties there may be more than one prevailing party entitled to contractual attorney’s fees. In the underlying case, the plaintiff sued a company for breach of contract and also named the company’s managing partner as an individual defendant, based on an alter ego allegation. The plaintiff prevailed on the breach of contract claim against the company but the individual defendant prevailed against the plaintiff on the alter ego theory. In reversing the lower Court’s decision awarding attorney’s fees only to the plaintiff, the appellate reversed and held that both prevailing parties were entitled to contractual attorney’s fees even though the individual defendant was not a party to the contract. See Burkhalter  Kessler Clement & George LLP v. Hamilton 19Cal.App.5th  38, 228 Cal.Rptr.3d 154 (2018)

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