Up in Smoke: $165,440.50 In Fees and Costs.
Tenant suffered an adverse summary judgment on certain contract claims, with the lower court awarding landlord $165,440.50 in fees and costs as the prevailing party.
That all went POOF! on appeal inn Kagan v. Zablen, Case No. B242437 (2d Dist., Div. 5 Sept. 5, 2013) (unpublished).
The appellate court found that the tenant did present proof to show triable facts on whether he suffered post-eviction damages from a wrongful eviction under Munoz v. MacMillan, 195 Cal.App.4th 618 (2011). This determination required a reversal of the contract claim loss, which meant the fee/costs award was reversed also.