Cases: Landlord/Tenant

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 […]

Landlord/Tenant, Prevailing Party, Section 1717: Reversal Of $172,375 In Attorney Fees Awarded To Defendant Based On Trial Court’s Abuse Of Discretion In Finding Defendant Was The Prevailing Party

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

Pursuant To Section 1717, Defendant Was Not The Prevailing Party As It Lost The Sole Cause Of Action In The Case – With The Jury Awarding $45,050 In Damages To Plaintiff For Defendant’s Breach Of The Written Lease Contract.             Waterwood Enterprises, LLC v. City of Long Beach, Case No. B296830 (2d Dist., Div. 1

Landlord/Tenant, Substantiation Of Reasonableness Of Fees: Landlord Seeking To Overturn $988,539 Attorney Fees Award To Prevailing Commercial Tenants In UD Action Gets Fee Award Reduced By Only $14,125 On Appeal

Cases: Landlord/Tenant, Cases: Substantiation of Reasonableness of Fees

No Abuse Of Discretion In The Trial Court’s Implied Finding That The Total Time Tenant’s Attorneys Spent Working On The UD Case And Subsequent Appeal Was Reasonable Given The High Stakes Involved In The Litigation.             In NHP/PMB Burbank Medical, etc. v. Premiere Medical, etc., Case No. B299841 (2d Dist., Div. 7 December 14, 2020)

Fee Clause Interpretation, Landlord-Tenant: Landlord Winning Malicious Prosecution Suit Against Former Tenants Was Properly Denied Contractual Fee Recovery

Cases: Fee Clause Interpretation, Cases: Landlord/Tenant

Narrow Breadth Of The Lease Fee Shifting Provision Sealed The Result.             The 2/2 DCA in Vaughn v. Darwish, Case Nos. B296693/B305132 (2d Dist., Div. 2 Nov. 12, 2020) (unpublished), did express introductory exasperation about the length of the landlord/tenants’ dispute – going back to 2010, which generated 8 lawsuits, 8 appeals, and 5 writ

Allocation; Landlord/Tenant: $29,490 In Contractual Fees To Married Residential Tenants Prevailing In Unlawful Detainer Action Was No Abuse of Discretion

Cases: Allocation, Cases: Landlord/Tenant

Lack Of Hearing Reporter’s Transcript Hampered Review, But Attorney Efforts Benefitting Joint Tenants, Even If Attorney Only Formally Retained By One Tenant, Was Appropriate.             In Ahdoot v. Chernyavskiy, Case No. B303359 (2d Dist., Div. 2 Nov. 4, 2020) (unpublished), landlord lost an unlawful detainer on summary judgment to two married residents based on a

Landlord/Tenant, Substantiation Of Reasonableness Of Fees: $1,586 Fees Award To Landlord Affirmed Based On Inadequate Lack Of Substantiating Evidence

Cases: Landlord/Tenant, Cases: Substantiation of Reasonableness of Fees

$84,995.25 Was Requested; Only $1,586 In Fees Awarded.             Although there was no explicit appellate discussion on this issue, Triplett v. Decron Properties Corp., Case No. B295126 (2d Dist., Div. 1 Sept. 24, 2020) (unpublished) is a reminder for parties seeking fee recovery to provide sufficient evidence in support of a substantial request.  The particulars

Landlord/Tenant, Section 1717: Property Tenant Not Signing Lease Modification Properly Denied Fees On Numerous Theories

Cases: Landlord/Tenant, Cases: Section 1717

Civil Code Section, Third-Party Beneficiary, Equitable, And Judicial Estoppel Arguments Did Not Prevail.             In Onerent, Inc. v. Galanter, Case No. H046916 (6th Dist. Aug. 11, 2020) (unpublished), an occupant, who thought she was co-tenant, eventually prevailed against a landlord, although the proof showed she never executed lease modifications to make her a true tenant. 

Landlord/Tenant: 1/1 DCA Affirms $243,557 Attorneys Fees And $42,871 Costs Award To Landlord Who Successfully Moved For Judgment Notwithstanding The Verdict Following Tenants Short-Lived Jury Award Of $671,574 In Damages

Cases: Landlord/Tenant

Much To Tenants’ Dismay, This Case Clearly Demonstrates That A Successful JNOV Can Create A Significant Reversal Of Fortune.             A San Francisco apartment owner (landlord) served his tenants with an eviction notice, under section 37.9 of the San Francisco Residential Rent Stabilization and Arbitration Ordinance, when he sought to regain possession to allow him

Allocation, Landlord/Tenant, Prevailing Party, Reasonableness Of Fees: Prevailing Tenant Was Entitled To Prevailing Party Fees Under Oakland’s Tenant Protection Ordinance Fee-Shifting Provision As Against Defendant Landlord

Cases: Allocation, Cases: Landlord/Tenant, Cases: Prevailing Party, Cases: Reasonableness of Fees

However, Prevailing Party Properly Awarded Apportioned Fees Of $49,875 Rather Than Requested $318,214 In Fees Against Defendant Landlord; Prevailing Defendant Property Manager Improperly Granted Routine Costs Because Motion Did Not Mention That Defendant And Nothing Showed The Costs Were Incurred.             In Goins v. Williams, Case Nos. A152828/A153632 (1st Dist., Div. 3 Apr. 14, 2020)

Landlord/Tenant: Attorney Fees/Costs Award Of $895,163.42 In Favor Of Prevailing Landlord Affirmed, But $585,383.61 Damages Award Remanded For A Reduced Calculation

Cases: Landlord/Tenant

Despite Remand For A Recalculation Of Damages, The Fees/Costs Award Was Not So Disproportionate To The Value Of The Legal Services Provided So As To Equate To An Abuse Of Discretion.             In Alchemy Communications v. Carlsberg Lax Center, Case No. B278068 (2d Dist., Div. 1 December 3, 2019) (unpublished), commercial Landlord and one

Scroll to Top