Hill v. Affirmed Housing Group

In Hill v. Affirmed Housing Group (2014) 226 Cal.App.4th 1192, the Hills sued an LLC and Affirmed Housing Group (Affirmed), a managing member of the LLC, for allegedly violating a written easement. (Id. at p. 1194.) The defendants were jointly represented. The defendants prevailed, and Affirmed moved for attorney fees, and it ultimately won a fee award before the trial court. (Id. at p. 1195.) The Court of Appeal ultimately rejected the Hills' argument that fees should have been apportioned between Affirmed and the LLC. "The Hills maintain that all of the fees related to the joint defenses should be allocated to LLC because those defenses were raised by LLC, and Affirmed did not incur 'separate and distinct attorney's fees' in connection with those defenses. But that contention simply proves that apportionment was not required because the defenses asserted by LLC and Affirmed were 'so interrelated that it would have been impossible to separate them into time units billed on behalf of Affirmed for which attorney fees are properly awarded and time units billed on behalf of LLC for which they are not.' ." (Id. at p. 1197.) Thus, the court concluded, apportioning the fees between jointly represented defendants was impracticable because their claims were inextricably intertwined. (Ibid.)