Carver v. Chevron U.S.A., Inc

In Carver v. Chevron U.S.A., Inc. (2002) 97 Cal.App.4th 132, service station franchisees brought an action against Chevron claiming breach of the agreements and the Cartwright Act. They lost and the trial court awarded Chevron more than $ 6 million in attorney fees, expert fees, and costs for the defense of both contract and Cartwright Act claims. The court of appeal reversed and remanded for reduction of the amount of the award incurred in defense of the Cartwright Act claims. (97 Cal.App.4th at p. 155.) The Carver opinion decided that the statutory attorney fees provision is not reciprocal; the award could only be made in favor of the party claiming injury under the Cartwright Act. (97 Cal.App.4th at p. 147.) It also decided that "the Cartwright Act fees provision is the kind of 'other statutory provision' that will override a general litigation costs entitlement under Code of Civil Procedure section 1032, for purposes of assessing attorney fees as costs under Code of Civil Procedure section 1033.5, subdivision (a)(10)." (97 Cal.App.4th at p. 147.) That is to say, the Cartwright Act nonreciprocal fees provision overrode the attorney fees clause in the lease agreements upon which Chevron relied. (97 Cal.App.4th at p. 147.)