Cases: Landlord/Tenant

Landlord/Tenant, Nonsignatories, Section 1717: Out Of Two Defendants Claiming To Be Prevailing Parties Under A Contractual Lease Clause, Neither Was Entitled To Fees

Cases: Landlord/Tenant, Cases: Nonsignatories, Cases: Section 1717

One Defendant Was Found To Forfeit All Rights Under The Lease On Summary Adjudication, And The Other Was Not A Lease Signatory.  In Morales v. Wang, Case No. B346779 (2d Dist., Div. 2 Aug. 12, 2026) (unpublished), after plaintiffs accepted a defense CCP § 998 offer which was silent on attorney’s fees, plaintiffs moved for […]

Landlord/Tenant, Mediation, Section 1717: $69,560 Fee Award To Tenant For Defensing An Unlawful Detainer Suit Based On A Defective Notice To Cure Or Quit Is Affirmed

Cases: Landlord/Tenant, Cases: Mediation, Cases: Section 1717

Mediation Noncompliance And Fee Cap Arguments Are Rejected On Appeal. In Karrass v. Carey, Case No. B344608 (2d Dist., Div. 8 July 30, 2026) (unpublished), tenant defensed a landlord in an unlawful detainer action based on an alleged notice to cure violations or quit, a notice found deficient.  Later, the trial court awarded tenant prevailing

Landlord/Tenant, Section 1717: Where Tenants Prevailed Against Landlord’s Cross-Claim Alleging A Contractual Breach Claim, Tenants Were Entitled To Reasonable Fees

Cases: Landlord/Tenant, Cases: Section 1717

Denial Of Fees Was Improper, Because Tenants Showed The Written Lease With A Fees Clause Was Inapplicable. In Hernandez v. Kocsis, Case No. G064238 (4th Dist., Div. 3 Feb. 4, 2026) (unpublished), authored by Justice Sanchez, the 4/3 DCA reversed a denial of attorney’s fees requested by plaintiffs/tenants.  The case involved a negligence/premises liability case

Costs, Landlord/Tenant:  Where No Settlement Agreement Was Of Record, And Testimony Was Conflicting On That Issue With Only Conjectural Evidence Offered By Landlords, Lower Court Erred In Denying Routine To Costs To Tenants After Landlords Dismissed The Unlawful Detainer Case Without Prejudice

Cases: Costs, Cases: Landlord/Tenant

Absence Of A Settlement Agreement Was Critical, Not To Mention Facts Indicating That Tenants Forced The Dismissal Because Landlords Knew They Might Lose. In Treybig v. Meza, Case No. 2024-01416924 (Orange County Superior Court, App. Div. Nov. 20, 2025, posted Dec. 12, 2025) (published), tenants contested an unlawful detainer by arguing that landlords unreasonably refused

Landlord/Tenant, Prevailing Party, Section 1717: Because Landlord’s Voluntary Dismissal Of An Unlawful Detainer Action Sounded In Contract, Its Dismissal Did Not Entitle Tenant To Attorney’s Fees

Cases: Landlord/Tenant, Cases: Prevailing Party, Cases: Section 1717

Appellate Court Did Discuss When The Action Is Contract Versus Tort, But The Case Did Not Have Tort Holdover Or Ouster Issues.                In an unlawful detainer case, the nature of the case may determine whether a landlord’s voluntarily dismissal allows the tenant an entitlement to attorney’s fees, which invokes the Santisas principle.  (See Our

Landlord/Tenant, POOF!: Landlord’s Unlawful Detainer Judgment, Much Of It Attorney’s Fees, Went POOF On Appeal

Cases: Landlord/Tenant, Cases: POOF!

Landlord Accepted Rent Check After Notice To Vacate, Such That A Month-To-Month Tenancy Was Reinstated.                In Baca v. Kuang, Case No. A171071 (1st Dist., Div. 5 Jan. 13, 2025) (partially published; fee discussion unpublished), defendant tenant appealed from an unlawful detainer judgment, consisting of $51,560 in contractual attorney’s fees and $24,000 in holdover rent. 

Landlord/Tenant, Mediation, Reasonableness Of Fees, Section 1717: Most Of $363,696.70 Contractual Fee Award Affirmed In Landlord/Tenant Dispute

Cases: Landlord/Tenant, Cases: Mediation, Cases: Reasonableness of Fees, Cases: Section 1717

However, N.Y. Attorneys’ Time After California Counsel Retained Must Be Stricken Because He Was Not Licensed In California.                In Thaunhaeuser v. TKH Zum, LLC, Case No. B321283 (2d Dist., Div. 8 Oct. 11, 2024) (unpublished), the lower court entered a $114,000 compensatory judgment against landlord and in favor of tenant under a property condition/security

Fee Clause Interpretation, Landlord/Tenant: Unlawful Detainer Action Did Not Arise Out Of Lease Fees Clause Given That Foreclosing Landlord Was Suing On A Statutory Basis For Obtaining Possession

Cases: Fee Clause Interpretation, Cases: Landlord/Tenant

Unique Facts Of The Case Governed The Outcome.             The breadth or narrow nature of a contractual fees clause frequently can determine whether fee entitlement exists in a case.  De Witte Mortgage Investors Fund, LLC v. Carradine, Case No. B322747 (2d Dist., Div. 1 Dec. 19, 2023) (unpublished) vindicates that general principle.  Briefly stated, an

Landlord/Tenant, Reasonableness Of Fees: $358,133.56 In Fees Against Tenant Operating Two Illegal Marijuana Dispensaries Affirmed On Appeal

Cases: Landlord/Tenant, Cases: Reasonableness of Fees

Two Law Firms’ Requests Were Largely Sustained By Reviewing Court.             City of Santa Ana v. Yuh, Case No. G060889 (4th Dist., Div. 3 Jan. 24, 2023) (unpublished) was a situation where a tenant lost an abatement action against the City of Santa Ana for operating two illegal marijuana dispensaries.  Two firms representing the City

Landlord/Tenant, Reasonableness Of Fees: $684,000 Fee Award In Favor Of Tenants And Against Landlord Reversed And Remanded

Cases: Landlord/Tenant, Cases: Reasonableness of Fees

Appellate Court Did Not Buy That Trial Court Could Just Adopt Plaintiffs’ Voluntary Reduction Without Addressing Other Objections.             We posted today about a published decision between the parties.  Separately, Sarkany v. West, Case No. A161728 (1st Dist., Div. 2 Aug. 30, 2022) (unpublished) was landlords’ appeal from an adverse $684,000 attorney’s fees award in

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