Tort of Another: No Negligence Finding Precluded Application Of “Tort Of Another Doctrine”

Third District Provides Useful Reminder

     The Third District, in Dupre Ins. Services, Inc. v. Hall, Case No. C066073 (3d Dist. Jan. 5, 2012) (unpublished), reminds us that the “tort of another” theory of fee recovery cannot work where the party being charged under this theory is found to have been not negligent. There was simply no tort committed, which means the doctrine cannot apply.