Reason Is that Landlord Gained Fee Award Against Tenant as Prevailing Party.
Mitchell Land & Improvement Co. v. Ristorante Ferrantelli, Inc., Case No. G043936 (4th Dist., Div. 3 Nov. 22, 2011) (unpublished), a 3-0 opinion authored by Justice Ikola, determined that a tenant appeal of an adverse unlawful detainer merits judgment was not moot. Landlord won the unlawful detainer, and tenant appealed–but subsequently was granted relief from forfeiture although landlord was awarded fees/costs of $68,000. Landlord initially argued that tenant’s appeal was moot based on the lease forfeiture relief. Nope, said the appellate court. The appeal was alive and well because landlord was the prevailing for a fee/costs award, such that a reversal of the merits judgment might impact on the prevailing party determination (something that did not happen anyway). However, the appeal was not moot as far as the merits were concerned.
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