De La Hoya v. Slim's Gun Shop

In De La Hoya v. Slim's Gun Shop (1978) 80 Cal. App. 3d Supp. 6, plaintiff bought a handgun from a dealer. Neither party knew the gun had been stolen. The plaintiff, who was subsequently arrested, hired an attorney to defend himself against the possession of a stolen firearm charge. In bringing an action for breach of warranty against the dealer of the handgun, plaintiff sought as damages the attorney fees incurred in defending himself against the possession of a stolen firearm charge. The appellate department of the superior court found that the attorney fees were foreseeable and hence a proper item of damage.