GRAY v. DON MILLER & ASSOCIATES, INC.

Docket No. S.F. 24569.

35 Cal.3d 498 (1984)

674 P.2d 253

198 Cal. Rptr. 551

JOHN GRAY, Plaintiff and Respondent, v. DON MILLER & ASSOCIATES, INC., Defendant and Appellant.

Supreme Court of California.

January 30, 1984.


Attorney(s) appearing for the Case

COUNSEL

Hoge, Fenton, Jones & Appel, Michael D. McSweeney and John M. Beede for Defendant and Appellant.

John D. Rogers and Rogers & Stevens for Plaintiff and Respondent.


OPINION

MOSK, J.

We granted a hearing in this case in order to resolve a conflict in the decisions of the Courts of Appeal on whether a party who obtains a judgment against a fiduciary for fraud is entitled to recover attorney fees as an element of the damages incurred. Walters v. Marler (1978) 83 Cal.App.3d 1, 30 [

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