Carver

Defendant Chevron U.S.A., Inc. (Chevron) appeals a postjudgment order apportioning attorney fees previously awarded to Chevron as the prevailing party in an action filed by plaintiffs Steve Carver and other lessee-dealers of Chevron-owned service stations (collectively Dealers) for antitrust violations under the Cartwright Act (Bus. & Prof. Code, § 16720 et seq.), breach of contract, fraud, deceit and breach of the implied covenant of good faith and fair dealing. The trial court’s fee apportionment deleted 65 percent of the previous award, finding these fees could not be awarded to Chevron because they related exclusively, or by inextricable overlap, to the Cartwright Act issues.

The parties agree the attorney fees provision of the Cartwright Act (§ 16750, subd. (a)) does not permit an award to a prevailing defendant, and thus Chevron is not entitled to attorney fees attributable to its defense of Cartwright Act claims. However, Chevron contends the court erred by deleting attorney fees incurred by defending issues common to both the Cartwright Act claims and non-Cartwright Act claims. We conclude, as a matter of law, the Cartwright Act’s unilateral fee-shifting…