Cases: Landlord/Tenant

Landlord/Tenant, Section 998, Special Fee Shifting Statute: In Two Related Opinions, 1/2 DCA Explores San Francisco Eviction Ordinance Fee-Shifting Provision, Determining Owners Were Properly Awarded Attorney’s Fees Against Two Tenants

Cases: Landlord/Tenant, Cases: Section 998, Cases: Special Fee Shifting Statutes

In One Case, Section 998 Offer Was Not Beat Even Though Two Plaintiff Tenants Did Get Positive Damages Under The San Francisco Residential Rent Stabilization And Arbitration Ordinance.             The 1/2 DCA in two opinions, Pitre v. Lam and Wong, Case No. A151061 (1st Dist., Div. 2 Aug. 7, 2019) (unpublished) and Randt v. Lam, […]

Landlord-Tenant, Reasonableness Of Fees, Section 1717: $428,175 Fee Award To Winning Landlord In Tort Condo Damages/Fraud Case Against Tenants Affirmed On Appeal

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

Residential Security Deposit Scheme Did Not Preempt Tort Fee Award; But Landlord Correctly Reduced Landlord’s Fee Request Of $659,367.56 For Various Reasons             Los Angeles County Superior Court Judge Weingart, sitting by assignment on the 2/1 DCA, has penned a nice decision in Sweeney v. Scully, Case No. B284915 (2d Dist., Div. 1 June 27,

Landlord/Tenant: $2,503,141 Fee Award To San Francisco Under Rent Ordinance And Health & Safety Fee Provisions Affirmed On Appeal

Cases: Landlord/Tenant

Fee Entitlement Bases Existed, And Amount Of Fee Award Was Not Erroneous.             Health and Safety Code section 17980.7(b)(1) has a mandatory fees and actual costs provision to be applied for State Housing Law violations where the lower court finds a building substantially endangers residents’ health and safety.  San Francisco has a Rent Ordinance (Adm.

Fees as Damages, Landlord/Tenant, Poof!: After Punitive Damages Reduction Of Almost $56 Million, Plaintiffs Walk Away With Judgment Of More Than $5 Million, But Watch It All Go POOF! On Appeal

Cases: Fees as Damages, Cases: Landlord/Tenant, Cases: POOF!

No Segregation Between Properly And Erroneously Awarded Amounts Meant Plaintiffs Lost The Full Amounts Of Their Awards For Compensatory Damages Of $1,289,000, Punitive Damages Of $1,289,000, Attorney Fees Of $2,385,773.70 and Costs Of $56,417.72         In Bevis v. Terrace View Partners, LP, Case No. D071849, (4th Dist., Div. 1 February 28, 2019) (unpublished), sixty-nine current

Landlord/Tenant, Section 998, POOF!: Landlord And Tenant, In Lengthy Litigation Over Personal Property In A Westlake Village Luxury Home, Lose Both Their Attorney’s Fees Awards On Appeal

Cases: Landlord/Tenant, Cases: POOF!, Cases: Section 998

After Ten Years Of Litigation, Tenant Only Received A $56,000 Net Recovery—Not Exactly A Win When All Of The Attorney Efforts Are Considered!             Christie v. Ridge, Case No. B259189 (2d Dist., Div. 6 February 6, 2019) (unpublished), although unpublished, is a nice reminder of how costly litigation is and how both litigants winning attorney’s

Consumer Statutes, Landlord-Tenant, Section 1717: Tenant Prevailing On Common Law Residential Inhabitability Claim Limited To Contractually-Capped Fees Of $1,600

Cases: Consumer Statutes, Cases: Landlord/Tenant, Cases: Section 1717

Although More Fees Potentially Allowable Under Statutory Inhabitability Claim, Jury Did Not Base Its Verdict On The Statute Such That Contractually Capped Amount Was The Proper Award.             This next case involves an intersection between the parties’ contractually capped fee recovery under lease agreements and potentially more expansive damages under a statute allowing recovery for

Allocation, Landlord-Tenant, Special Fee Shifting Statute: Defendant Alleged To Be Partner Of Landlord Properly Awarded Fees Of $45,930 Against Tenant, Minus A “Double Dip” Item

Cases: Allocation, Cases: Landlord/Tenant, Cases: Special Fee Shifting Statutes

One Unilateral San Francisco Ordinance Fee-Shifting Provision Did Not Show That Interrelated Fees Spent On Compensable Claims Could Not Be Allowed.             Bienkowski v. Lam, Case No. A151579 (1st Dist., Div. 5 Aug. 9, 2018) (unpublished) was a situation where a tenant sued a defendant as the undisclosed partner of landlord, alleging that he was

Landlord/Tenant: Tenant’s Dismissal Without Prejudice On Eve Of Trial Justified $19,200 Fee Award To Landlord/Landlord’s Agent Under San Francisco Municipal Statute And Civil Code Inhabitability Fee-Shifting Provisions

Cases: Landlord/Tenant

Lease Fees Provision Saying Everyone Bears Their Own Fees Did Not Preempt Statutory Fee Entitlement Provisions.             In Gupta v. Choy, Case No. A151582 (1st Dist., Div. 1 June 27, 2018) (unpublished), plaintiff tenant dismissed a case without prejudice against defendants, either landlords or at least their agents, on the eve of trial. Defendants brought

Landlord/Tenant/Prevailing Party:  Fees Award To Plaintiff Where Both Parties Gained Some Relief Reversed Because Trial Court Erroneously Applied Wrong Standard

Cases: Landlord/Tenant, Cases: Prevailing Party

Lower Court Used CCP § 1032, Rather Than Civil Code § 1717, For Purposes Of Determining The Prevailing Party.             8121 Van Nuys Associates, Inc. v. Hoffman, Case No. B276900 (2d Dist., Div. 4 March 21, 2018) (unpublished) involved a landlord/tenant case where both parties won some relief.  Landlord won past rent/damages, while tenant won

Landlord/Tenant:  Appellate Court Trims Successful Landlord’s Fee Award From $113,096.33 To $49,912.83

Cases: Landlord/Tenant

Cross-Complaint Defense Work Involving Pre-Fees Clause Conduct Primarily Cut By 1/3 DCA.             In a long-standing commercial tenancy dispute producing an earlier appellate opinion reversing a SLAPP motion, a former landlord (plaintiff and cross-defendant) finally prevailed against tenant when the trial judge after a bench trial awarded landlord $85,000 in back rent plus prejudgment interest

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