No Oil, Inc. v. Occidental Petroleum Corp

In No Oil, Inc. v. Occidental Petroleum Corp. (1975) 50 Cal. App. 3d 8, the Court of Appeal for this appellate district, Division Three, considered a case involving plaintiffs and two intervening plaintiffs. The Court of Appeal reversed a judgment for the defendant and directed entry of a judgment in favor of the plaintiffs and the intervenors. The Court of Appeal remanded the matter for a determination of reasonable attorney's fees incurred on appeal. Our Division Three colleagues stated: "In view of this result, reversing the judgment, plaintiffs and intervening plaintiffs are, of course, entitled to an award of attorneys' fees. . . .We note . . . that the judgment of the trial court makes no allocation as between the parties liable to pay fees of the prevailing parties and simply provides for their liability 'jointly and severally.' Such disposition of the matter, now that fees are to be awarded against defendants, seems inappropriate in light of the disparity between the contribution of defendant Occidental Petroleum Corp. to the necessity for and the burden of the litigation in relation to that of defendant Landowners Association. The latter was not responsible for the threatened conduct which occasioned this lawsuit and its participation in the litigation contributed little to the cost of representation of plaintiffs. No substantial new contentions were injected by such defendant and its participation in the trial was for the most part that of an observer. The court should therefore make a fair allocation of the responsibility as between these defendants for payment of the fees awarded plaintiffs." (Ibid.)