According to the libertarian litany, if an industry or an institution is making a profit, it is satisfying "wants" whose origins and content are deliberately disregarded. But what we want, what we are capable of wanting is relative to the forms of social organization. People "want" fast food because they have to hurry back to work, because processed supermarket food doesn't taste much better anyway, because the nuclear family (for the dwindling minority who have even that to go home to) is too small and too stressed to sustain much festivity in cooking and eating -- and so forth. It is only people who can't get what they want who resign themselves to want more of what they can get. Since we cannot be friends and lovers, we wail for more candy. - Bob Black, "Smokestack Lightning"

PREMIUM LEGAL RESOURCES LEGAL FORMS ASK A LAWYER

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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