Summary Judgment Reversal Also Overturns $62,747.78 Costs/Fee Award in Tenant’s Favor.
POOF! gets another litigant again.
In LBA Realty Fund II-WBP III, LLC v. K. Hovanian Forecast Homes, Case No. E044299 (4th Dist., Div. 2 Mar. 9, 2009) (unpublished), tenant must have been feeling pretty good after the trial court granted it summary judgment (based on the lease terminating with no more rent due) and later awarded it $62,747.78 in attorney’s fees and costs against landlord. However, landlord appealed and, POOF!, the summary judgment was reversed based on an ambiguity between the original lease and subsequent amendments as well as the lower court’s erroneous exclusion of parol evidence. POOF!, too, went the fees/costs award, with landlord winning costs on appeal.