C.A. 2nd;
B278289

The Second Appellate District granted a petition for writ of mandate. The court held that the defendant had a right to have a jury determine what attorney fees a plaintiff incurred as a result of the defendant's alleged breach of contract.

Monster, LLC and its found filed a tort action alleging Beats Electronics, LLC had engaged in a fraudulent scheme to deprive them of their interest in the company. Beats filed a cross-complaint alleging that: (1) plaintiffs had breached the terms of a release in the parties' written agreements by filing their complaint, and (2) plaintiffs' acts had damaged Beats by causing the company to incur attorney's fees and other litigation costs. The trial court granted Beats' motion for summary judgment on plaintiffs' claims, and set a trial on Beats' cross-claims for breach of contract.