PLCM GROUP, INC. v. DREXLER

No. B110667.

84 Cal.Rptr.2d 905 (1999)

PLCM GROUP, INC., Plaintiff and Respondent, v. David DREXLER, Defendant, Cross-Complainant and Appellant; Dearborn Insurance Company et al., Cross-Defendants and Respondents.

Court of Appeals of California, Second District, Division Three.

Review Granted August 11, 1999.


Attorney(s) appearing for the Case

David Drexler, in pro. per., for Defendant, Cross-Complainant and Appellant.

Hart & Waters as Amicus Curiae on behalf of Defendant and Appellant.

Horvitz & Levy, Barry R. Levy, Daniel J. Gonzalez and Jon B. Eisenberg, Encino; Carole Runcie Sherman, Calabasas, as Amicus Curiae on behalf of Corporate Law Departments Section of the Los Angeles County Bar Association, for Defendant and Appellant.

Shand S. Stephens and Laurie J. Palik, San Francisco, for Plaintiff and Respondent PLCM Group, Inc. and Cross-Defendants and Respondents Dearborn Insurance Co. and Anglo-American Insurance, Ltd.

Wilson, Elser, Moskowitz, Edelman & Dicker, Patrick M. Kelly, Martin K. Deniston and Jonathan C. Balfus, Los Angeles, for Cross-Defendant and Respondent Assicurazioni Generali, S.P.A.

Benjamin Sybesma and Joel H. Levinson, West Sacramento, as Amicus Curiae on behalf of California Correctional Peace Officers Association, for Plaintiff and Respondent.

Eric B. Simon, Santa Rosa, as Amicus Curiae on behalf of California International Chemical Company, Inc., for Plaintiff and Respondent.

James R. Edwards, Steven Alan Bennett and Susan J. Hackett as Amicus Curiae on behalf of American Corporate Counsel Association, for Respondents.


Certified for Partial Publication.*

KITCHING, J.

In this appeal, we find that under Civil Code section 1717, corporate in-house counsel who have actively participated in the litigation are entitled to recover reasonable attorneys fees. We further find that the attorneys fees should be calculated by using the prevailing market rate in the legal community.

In the unpublished portion of this opinion we consider Drexler's remaining...

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