§ 1.7 APPORTIONMENT

• Jurisdiction: Arizona

Apportionment occurs when a court awards fees for work related only to certain aspects of the case or when there is a reduction in fees for limited success. Schweiger, 138 Ariz. at 188-89, 673 P.2d at 932-33. Apportionment issues are also frequently presented under A.R.S. § 12-341.01(A). See § 2.7, Successful Party.

The Arizona courts have recognized a party may present in one case distinctly different claims for relief that are based on different facts and legal theories. Not all claims and theories, however, may authorize an award of attorneys' fees. Thus, when a plaintiff asserts both contract and tort claims, but prevails only on the contract claim and then requests a fee award under A.R.S. § 12-341.01(A), the plaintiff should only be awarded fees that arose out of the contract claim if the claims are truly distinct and unrelated. Conversely, if the tort claim is "interwoven" with the contract claim, then the court may award the successful party on the contract claim all of the reasonable fees expended in litigating...