In considering whether a defendant is entitled to judgment on the pleadings, we look only to the face of the pleading under attack.
#Third eye blind mine trial#
In the trial court, "`A defendant is entitled to judgment on the pleadings if the plaintiff's complaint does not state a cause of action. 817-819), and we see no reason why it should not also apply to fees incurred as a result of an insurance broker's alleged negligence. 817.) The "tort of another" doctrine has been applied to permit recovery of attorneys fees resulting from an insurer's tortious conduct ( Brandt v. ) Rather, when a defendant's tortious conduct requires the plaintiff to sue a third party, or defend a suit brought by a third party, attorney fees the plaintiff incurs in this third party action "are recoverable as damages resulting from a tort in the same way that medical fees would be part of the damages in a personal injury action." ( Sooy v. 1470.) Attorney fees in this context are to be distinguished from "attorney's fees qua attorney's fees," such as those the plaintiff incurs in suing the tortfeasor defendant. )" ( Sindell, supra, 54 Cal.App.4th at p. 
"Under California law, it is a well-established principle that attorney fees incurred through instituting or defending an action as a direct result of the tort of another are recoverable damages.
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