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SOMMERS v. ERB

Docket No. D013387.

2 Cal.App.4th 1644 (1992)

4 Cal. Rptr.2d 52

JACK A. SOMMERS, Plaintiff and Respondent, v. PETER ERB et al., Defendants and Appellants.

Court of Appeals of California, Fourth District, Division One.

January 29, 1992.

Attorney(s) appearing for the Case

COUNSEL

Daley & Heft, Dan Groszkruger, Patricia A. Shaffer and Katherine Megli for Defendants and Appellants.

Thomas W. Hauser for Plaintiff and Respondent.

OPINION

TODD, J.

Peter and Joan Erb appeal a judgment awarding Jack A. Sommers attorney fees pursuant to Code of Civil Procedure1 section 1021.4. The judgment stemmed from a drunk driving truck-motorcycle collision. The Erbs contend (1) Sommers was not entitled to attorney fees under the statute because he, as well as Peter Erb, was driving while intoxicated...

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