TORT OF ANOTHER DOCTRINE

The doctrine of "tort of another" is an established exception to the general rule that the prevailing party does not recover attorney's fees. That doctrine "allows a plaintiff attorney fees if he is required to employ counsel to prosecute or defend an action against a third party because of the tort of the defendant. This rule is embodied in the Restatement of Torts and is generally followed in the United States. (Rest.2d Torts, section 914, subd. (2), and appen.)" (Gray v. Don Miller & Associates, Inc. (1984) 35 Cal.3d 498, 505.)

The basis for damages recoverable under the theory of tort of another is "reasonable compensation for attorney's fees incurred . . . ." (Prentice v. North Amer. Title Guar. Corp. (1963) 59 Cal.2d 618, 621; see also Heckert v. MacDonald (1989) 208 Cal.App.3d 832, 837.)

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