1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ...

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
12-341.01(A), Galam v. Carmel (In re Larry’s Apartment, L.L.C.),
249 F.3d. 832, 836-37 (9 th Cir. 2001). Fees may be awarded under
the statute, even though a single act constitutes both a tort and
a breach of contract, as long as the tort action could not exist
but for the breach of contract. Ford v. Revlon, Inc., 153 Ariz.
38, 45, 734 P.2d 580, 587 (1987) (Attorneys fees awarded in
sexual harassment case, as tort could not occur but for the
breach of the implied contract created by Revlon’s policies and
procedures). Sparks v. Republic National Life Insurance Co., 132
Ariz. 529, 543-44, 647 P. 2d 1127, 1141-42 (1982)(Attorneys fees
awarded as tort for breach of implied covenant of good faith
could not arise but for existence of the insurance contract).
See, Barmat v. John and Jane Doe Partners A-D, 155 Ariz. 519,
522-24,747 P. 2d 1218, 1221-23 (1987)(No fees awarded when legal
malpractice action does not arise from contract). Plaintiff’s
cause of action for fraud or defalcation while acting in a
fiduciary relationship could not arise but for defendants’ breach
of the underlying plumbing services contract. 11 U.S.C. § 523
(a)(4). Accordingly, plaintiff’s nondischargeable debt will
include reasonable attorneys fees and costs.
ORDER
IT IS ORDERED no later than ten days from the date of
these findings and conclusions, plaintiff will serve and file a
detailed attorneys fee application. Defendants will have seven
days from the date of service of the application to serve and
file objections. The court will thereafter resolve any disputes
27
28 14