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TOPANGA AND VICTORY PARTNERS v. TOGHIA

No. B142502.

127 Cal.Rptr.2d 104 (2003)

103 Cal.App.4th 775

TOPANGA AND VICTORY PARTNERS, LLP, Plaintiff and Appellant, v. Nicholas J. TOGHIA, Defendant and Respondent.

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

As Modified on Denial of Rehearing December 11, 2002.

Review Denied February 19, 2003.

Attorney(s) appearing for the Case

Hamburg, Hanover, Edwards & Martin, John D. Hanover, Gregg A. Martin, Los Angeles, David M. Almaraz; Liner Yankelevitz Sunshine & Regenstreif and John D. Hanover, Los Angeles, for Plaintiff and Appellant.

Gerald J. Miller, Los Angeles, for Defendant and Respondent.

CHARLES S. VOGEL, P.J.

INTRODUCTION

The issue presented by this appeal is whether a defendant who is not a party to a contract but is sued for breach of that contract and various related tort and statutory causes of action may recover attorney fees incurred in defending the noncontract causes of action if the plaintiff files a voluntary dismissal with prejudice. We hold that he cannot.

BACKGROUND OF THE CASE

Appellant Topanga and Victory...

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