Ocean View Resort v. Solanki
Plaintiff Ocean View Resort Partnership (Ocean View) appeals from an order granting attorney fees to defendant Mahendra Solanki after Ocean View’s lawsuit for breach of lease and related tort claims ended in a demurrer sustained without leave to amend. The lease contained a broadly worded attorney fee clause. Ocean View argues the attorney fee provision does not encompass the tort claims, fees should not have been awarded for the defense of Solanki’s employee, Yasmin Doshi, because she was not a party to the lease, and the attorney time billed was excessive. (We refer to Solanki and Doshi collectively as defendants.) We conclude the lease agreement properly encompasses the tort and contract claims and Doshi’s defense was both necessary and inseparable from Solanki’s. Further, Ocean View waived the issue of the amount of the fee award by failing to raise it below, and even if it had not, we would find no abuse of discretion.
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