Div. Two of the First District Court of Appeal held yesterday that where a buyer was forced to sue the sellers for specific performance as the result of third parties interfering with the sale, attorney fees that were incurred in that action may be recovered in a subsequent lawsuit under a tort-of-another theory, but may not be awarded in connection with that follow-up litigation.

Div. One of the Fourth District Court of Appeal held yesterday that a trial judge erred in declining to set aside a declaration of parentage based on a presumption in California law that a mother’s husband is the father, finding that the Family Code makes clear that even “attempted marriages” trigger the rule even if the confidential union may have been legally invalid due to falsities in an affidavit accompanying the license application.

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Div. Five of the First District Court of Appeal has rejected the view that a California Department of Motor Vehicles hearing violated a petitioner’s due process rights because the presiding administrative officer ruled on evidentiary objections relating to documents that the same adjudicator moved to introduce.