![]() The more limited and appropriate purpose of corroborating testimony that theyĪctually paid certain amounts and/or to make a prima facie showing that the Repairs made or services rendered-and not where the invoices are offered for Of the invoices would only apply to cases where plaintiffs attempt to read theĭetailed entries on the bills during their testimony to prove the specific “We are… of the opinion that its commentary on the inadmissibility Narrowly to avoid a conflict with other decisions. Powerless to deviate from what he saw as constraints set down by CopenbargerĪnd denied an award of those fees. Reference to his own assessment of the value of services, he expressed a Once Styn realized that attorney fees were being sought asĭamages subject to proof at trial, and not as costs which could be reckoned by Plaintiff is forced into litigation with a third party due to the tortiousĬonduct of the defendant.” She obtained a judgment for $50,000 for emotionalĭistress but nothing for the attorney fees she had expended in the action $1 million-then sought to persuade Mai to sell at the price she had set, butĪfter Fike dropped his suit, Mai sued Robinson and theĬompany that owns Keller Williams under the “tort of another” doctrine which,ĭato noted, “allows for the recovery of attorney’s fees as damages when a After telling Fike that an accord hadīeen reached, Robinson-desiring to obtain a commission on a sale for more than Victoria Robinson of Keller Williams that a deal for the purchase of Mai’s Mai was sued by John Fike who had been told by realtor Work was done in the prior case, over which he had also presided. He read the case as barring Mai’s introduction of invoicesįor attorneys fees she expended in the breach-of-contract action against her,Īs inadmissible hearsay, and precluding him from taking judicial notice of what Styn did so, with expressed reluctance, in light of the Oct.ġ9, 2018 decision by the Fourth District’s Div. It reverses a judgment to the extent that San DiegoĬounty Superior Court Judge Ronald L. The opinion was authored by Justice William Dato of theįourth District’s Div. The realty company in a “tort of another” case for the attorney fees she Given a second chance yesterday by the Court of Appeal to win recompense from Who was sued by a man induced by a real estate agent into believing he had aĬontractual right to purchase her property when no contract had been formed was Hearsay Where They Support Plaintiff’s Recitation As to What She Paid Panel Declines to Read Prior Decision As Requiring Exclusion of Bills As Attorneys’ Invoices in Prior Case May Be Admitted to Support
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