Prevailing Party, Section 1717: District Prevailing In Percentage Lease Dispute Under Contractual Leases Was Properly Awarded $137,400 In Attorney’s Fees

Contractual Ambiguity Challenges Did Not Resonate, Because Not Raised Below.

In Ventura Harbor Restaurant Associates, Inc. v. Ventura Port Dist., Case No. B344145 (2d Dist., Div. 6 July 9, 2026) (certified for publication, after being filed on June 15, 2026 as an unpublished opinion), the appellate court affirmed a $137,400 contractual attorney’s fees award under lease documents where the losing party did not succeed in percentage rent challenges under certain state constitutional provisions.  Given that the losing party did not provide any proof of contractual ambiguities, the facial contract clauses did give rise to fee entitlement in District’s favor.

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