Is a plaintiff entitled to fees incurred in pursuing all causes of action in a tort action arising out of a stock purchase agreement?

California, United States of America


The following excerpt is from Milano v. Edelson, B237971 (Cal. App. 2013):

The stock purchase agreement provided: "In any action or proceeding arising out of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs . . . ." This language is broad enough to support an award of fees incurred in pursuing all causes of action in the complaint, because it provides for recovery of reasonable attorney fees in any action arising out of the stock purchase agreement. (See Santisas v. Goodin (1998) 17 Cal.4th 599, 608 [a broadly worded contractual attorney fee provision permits prevailing party to recover attorney fees incurred in connection with both contract and tort claims].)

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