Manning

This appeal requires resolution of one issue: is an agent who is required to bring a cross-action against a wrongdoer who caused injury to the principal entitled to recover attorney’s fees for helping to successfully secure redress against that wrongdoer? We answer that question affirmatively.

Appellants Manning, Brundage, and Greendale (brokers) sold a 40-acre parcel of property in Tehama County to the DeGraws. In the context of the sale, the brokers confirmed the existence of an access easement to the property across property of another, and it was in the deed of conveyance. Shortly after the purchase was closed, the owner of the land subject to the easement (Sifford) and his tenant blocked the easement and precluded its use, thus denying the DeGraws vehicular access to their property. The DeGraws instituted a quiet title action against Sifford and also sought damages for the interference. They also named the sellers as defendants and demanded specific performance or damages in the alternative; the brokers were also named defendants against whom the plaintiffs sought damages for alleged misrepresentations concerning the easement. The brokers against Sifford, his…

I concur and dissent.

The majority opinion first suggests a basis in tort for the recovery by the real estate brokers of attorney’s fees for having been compelled to defend themselves in an action brought by their principal as a of the wrongful interference with the principal’s rights by The majority opinion states that the action against the brokers was a ‘“natural and proximate consequence’ of Sifford’s activities.” It then inexplicably extends Prentice v. North Amer. Title Guar. Corp. (1963) 59 Cal.2d 618 [ 30 Cal.Rptr. 821 , 381 P.2d 645 ] to permit of attorney’s fees other than as damages in a tort action. I concur in the suggestion and dissent from the extension.

Prentice holds, as an exception to the general rule permitting recovery of attorney’s fees only as provided by statute or agreement, that attorney’s fees may be recovered as damages which are “the natural and proximate consequence” of the tort of another. (Id., at pp. 620-621.) Since Prentice is based upon tort principles, I do not upon what theory of liability the majority opinion extends Prentice beyond tort liability. The majority opinion does not explain.

The proper measure of recovery here is tort and not…

Rawlins Coffman for Cross-complainants and Appellants.

Franklin A. Dill for Cross-defendant and Appellant and for Cross-defendants and Respondents.

OPINION

EVANS, J.

This appeal requires resolution of one issue: is an agent who is required to bring a cross-action against a wrongdoer who caused injury to the principal entitled to recover attorney's fees for helping to successfully secure redress against that wrongdoer? We answer that question affirmatively.

Appellants Manning, Brundage, and Greendale (brokers) sold a 40-acre parcel of property in Tehama County to the DeGraws. In the context of the sale, the brokers confirmed the existence of an access easement to the property across property of another, and it was described in the deed of conveyance. Shortly after the purchase was closed, the owner of the land subject to the easement (Sifford) and his tenant blocked the easement and precluded its use, thus denying the DeGraws vehicular access to their property. The DeGraws instituted a quiet title action against Sifford and also sought damages for the interference. They also named the sellers as defendants and demanded specific performance or damages in the alternative; the…