California, United States of America
The following excerpt is from State Ctr. Cmty. Coll. Dist. v. Am. Prop. Holdings, LLC, F072306 (Cal. App. 2017):
It is therefore apparent from our review that attorney fees incurred due to third-party litigation arising from a breach of contract are properly categorized as consequential damages if those fees were foreseeable or, in other words, proximately caused by the breach. (Cf. Hardison v. Bushnell (1993) 18 Cal.App.4th 22, 26 [outlining basic proximate cause principles in tort cases].) We therefore turn to whether the litigation fees incurred in this case were foreseeable.
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