Cases: Landlord/Tenant

Civil Rights, Landlord/Tenant: Frivolous FEHA Case By Plaintiffs In Rental Dispute Justified $228,123.77 Attorney’s Fees, Expert Fees, And Costs Award In Favor Of Prevailing Defendant Owner

Cases: Civil Rights, Cases: Landlord/Tenant

No Abuse Of Discretion Shown, With Prior Denial Of Summary Judgment Not Disqualifying Owner From Award Of FEHA Fees Under The Right Circumstances.             FEHA has a pro-plaintiff fee shifting statute; however, under the right circumstances, a prevailing defendant can obtain fee shifting against a plaintiff where the case is shown to be frivolous in […]

Landlord/Tenant: Reversal Of A Directed Verdict Claim Meant Costs Award Was Reversed

Cases: Landlord/Tenant

However, Fee Award On A Withdrawn Claim Was Not Challenged On Appeal And Not Impacted By The Directed Verdict Reversal.             In Pennypacker v. Yuen, Case Nos. A157680/A157985 (1st Dist., Div. 2 June 15, 2022) (unpublished), tenant asserted tort, inhabitability, San Francisco administrative code claims, and a UCL claim against landlord.   Landlord made a pretrial

Arbitration, Fee Clause Interpretation, Landlord/Tenant: 1/3 DCA Affirms Trial Court’s Denial Of Attorney Fees To Prevailing Tenant

Cases: Arbitration, Cases: Fee Clause Interpretation, Cases: Landlord/Tenant

Fees Incurred For The Court Proceedings Were Part Of The Arbitration Process Called For In The Lease For Resolving Fair Market Rent Value And Not Recoverable Under The Prevailing Party Provision Which Applied To An Action Involving A Breach Of The Contract Or Determination of Rights             In California Union Square L.P. v. Saks

Allocation, Landlord/Tenant, Retainer Agreements: $910,752.50 Fee Award Under San Francisco Rent Ordinance Fee-Shifting Clause Affirmed On Appeal

Cases: Allocation, Cases: Landlord/Tenant, Cases: Retainer Agreements

Trial Judge Did Reduce Requested Lodestar By More Than $70,000—About 60% Of The Request, Although Refusing To Award A Positive 1.5 Multiplier.             Landlords in Duncan v. Kihagi, Case No. A154678 (1st Dist., Div. 1 Oct. 6, 2021) (unpublished), were not pleased when a trial judge awarded $910,752.50 in fees in favor of the winning

Landlord/Tenant: 2/4 DCA Affirms Denial Of LARSO Statutory Damages And Attorney Fees To Prevailing Tenant, And Affirms Award To Tenant Of Only $500 In Fees, Out Of The $71,000 Incurred, Pursuant To Amendment Capping Fees In Parties’ Lease

Cases: Landlord/Tenant

Tenant Failed To Assert Claims For Statutory Damages And Fees Under LARSO In The Lawsuit As Required, And The Fees Cap Was Valid.             In 510PacificAve v. Weiss, Case No. B304369 (2d Dist., Div. 4 June 29, 2021) (unpublished), owner of an apartment building in Venice served tenant with notice of a 25% rent increase

Landlord/Tenant: Property Caretaker And Listing Agent, After Foreclosure, Were Not Landlords So As To Provide Fee Entitlement Under Civil Code Section 789.3(d)

Cases: Landlord/Tenant

Fee Entitlement Was Not Established Factually.             In Neff v. Boschee, Case No. B302775 (2d Dist., Div. 6 Apr. 20, 2021) (unpublished), former tenants who were ousted after a bank foreclosure sought attorney’s fees against a property caretaker and a listing agent, even though nothing established they were landlords of the property even though they

Fee Clause Interpretation, Landlord/Tenant: $93,913.85 Fee Award In Favor Of Residential Defendant Affirmed On Appeal

Cases: Fee Clause Interpretation, Cases: Landlord/Tenant

Conversion Claim Arose From The Lease, With Other Arguments Forfeited On Appeal.             Where appellants fail to make arguments at the trial court level or in an appellant’s opening brief, they may be subject to having their challenges forfeited on appeal.  That largely happened in Ghannoum v. Sevier, Case No. B304026 (2d Dist., Div. 2

Landlord/Tenant: 1/4 DCA Affirms $44,736.50 Attorney Fees Award To Landlord For Trial Court And Appellate Work In Enforcing Settlement Agreement With Attorney Fees Provision

Cases: Landlord/Tenant

Tenants Had Waived Their Right To Appeal, And Failed To Support Their Claim That The Settlement Agreement As A Whole Was Unenforceable Due To Violations Of Civ. Code §§ 1942.1 and 1953.             In Park Lane Associates, LP v. Alioto, Case No. A155781 (1st Dist., Div. 4 March 5, 2021) (unpublished), plaintiff landlord and defendant

Appealability, Landlord-Tenant, POOF!: Reversal Of Unlawful Detainer Judgment Against Landlords Required Reversal Of Related Attorney’s Fees/Costs Award

Cases: Appealability, Cases: Landlord/Tenant, Cases: POOF!

In Separate Merits Appeal, Appeal Was Cognizable Although Possession Returned To Landlords During Appeal Because Review Would Determine Landlord Liability For Fees/Costs.             In Lee v. Kotyluk, Case No. G058631 (4th Dist., Div. 3 Jan. 7, 2021) (published), landlords sought to evict a commercial tenant for selling marijuana without a license.  The lower court found

Landlord/Tenant, Section 1717: Fees Award Of $80,411.50 To Prevailing Plaintiff In Commercial Lease Dispute Affirmed On Appeal

Cases: Landlord/Tenant, Cases: Section 1717

Defendant Failed To Support Its Sole Argument, Raised For The First Time On Appeal, With Evidence, Analysis Or Authority – Thus Waiving Its Only Argument On Appeal – And Its Sole Argument Asked The Appellate Court To Second-Guess The Trial Court’s Evaluation Of The Evidence.             In KJ Investment Group v. American Heritage College, Case

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