California Court of Appeal

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CARVER v. CHEVRON USA, INC., D036326

Where a portion of the attorney fees awarded to defendant was not based on the contract or tort theories arising out of or related to lease agreement, but rather represents the defense of Cartwright Act claims, the trial court's award did not adequately account for all of the competing policies that have been developed in this area, and erroneously attempted to award attorney fees under a reciprocal rights theory under the Cartwright Act.

Appellate Information

  • Decided 03/27/2002
  • Published 03/27/2002

Judges

  • HUFFMAN, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Mundell, Odlum & Haws, Karl N. Haws, San Bernardino, and Bronwyn W. Petersen for Plaintiffs and Appellants., Greenan, Peffer, Sallander & Lally, Kevin D. Lally, Dublin;  Astrachan, Gunst, Goldman & Thomas and Peter H. Gunst for Service Station Dealers of America and Associated Trades as Amicus Curiae on behalf of Plaintiffs and Appellants.

  • For Appellees:
  •  Pillsbury Winthrop, Robert M. Westberg, San Francisco, Douglas R. Tribble and David M. Logan, San Diego, for Defendants and Respondents.
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