Cases: Landlord/Tenant

Landlord/Tenant; Lodestar; Special Fee Shifting Statute:  Two Fee Orders Reversed On Appeal

Cases: Landlord/Tenant, Cases: Lodestar

Trial Judge Failed To Honor Voluntary Dismissal By Plaintiffs In Awarding Fees To Defense, While Lower Court Failed To Utilize Lodestar Methodology In Awarding Reduced Fees To Plaintiffs Under Settlement Agreement.             Duncan v. Nathan, Case No. A147468 (1st Dist., Div. 5 Feb. 5, 2018) (unpublished) involved a landlord-tenant dispute involving claims for negligence, quiet […]

Landlord/Tenant/Section 1717:   Sublessor Losing Unlawful Detainer Case Awarded Civil Code Section 1717 Fees Of $1,334,368.30 And Costs Of $4,637.03

Cases: Landlord/Tenant, Cases: Section 1717

Case Was Extensively Litigated, Justifying This Level Of Fee Recovery.              Home Depot.  2003.  Santa Fe, New Mexico.  John Margolies, photographer.  Library of Congress.         In First City Pacific, Inc. v. Home Depot U.S.A., Inc., Case No. B268604 (2d Dist., Div. 7 Dec. 19, 2017) (unpublished), sublessor (tenant to a ground

Landlord/Tenant and Section 1717:  Lack Of Written Contract Fees Clause Doomed Attorney’s Fees Request

Cases: Landlord/Tenant, Cases: Section 1717

Tenant’s Probability Theory Did Not Do Well At Either Trial Or Appellate Levels. Ida B. Wells Housing Project.  Meeting of the tenants.  Chicago, Illinois.  April 1942.  Jack Delano, photographer.  Library of Congress.             In Doll v. Ghaffari, Case No. B272384 (2d Dist., Div. 4 Oct. 25, 2017) (unpublished), tenant did prevail against landlord on certain

Landlord/Tenant, Prevailing Party, Section 998: $324,533.50 Fee Award To Landlord Affirmed In Second Coercive Declaratory Relief Lawsuit Against Tenant

Cases: Landlord/Tenant, Cases: Prevailing Party, Cases: Section 998

Dispute Focused On Tenant’s Ability To Use Common Areas Behind Lease Premises.             Landlord/tenant disputes can be expensive from fee expense and fee award perspectives, as Muzzi v. Bel Air Mart, Case No. C073684 (3d Dist. July 3, 2017) (unpublished) demonstrates.            In this one, landlord had to bring a “coercive” declaratory relief action against a

Landlord/Tenant; Reasonableness Of Fees: Tenant Recovering $78,753 In Damages Under Statutory Landlord-Tenant Provisions Properly Awarded Attorney’s Fees Of $91,344.50 As Prevailing Party

Cases: Landlord/Tenant, Cases: Reasonableness of Fees

    Facts Were Interesting, But Fee Award Was Not Shocking In Nature.     Landlord (Mr. Timothy Rack Rent) telling tenant leasehold (a country attorney) that rent is being raised. Circa 1750-1795. John Spilsbury, engraver. Library of Congress.       We will have to say that after blogging for close to nine years, the attorney’s

Landlord/Tenant: Prevailing Tenant Seeking Fees Under CCP § 1174.21 Relating To Substandard Conditions In Residential Tenancy Can Litigate Fee Entitlement Through Posttrial Motion

Cases: Landlord/Tenant

  Fee Entitlement Does Not Have To Be Shown At Trial.     In Active Properties, LLC v. Cabrera, Case No. BV031320 (L.A. Superior Court, Appellate Division Dec. 9, 2016) (published), the appellate division faced an interplay between Code of Civil Procedure section 1174.21, a provision allowing a tenant to recover reasonable attorney’s fees and costs

Section 1717, Landlord/Tenant: Prevailing Tenants In Bedbug Inhabitability Suit Against Landlord Properly Awarded $326,475 In Attorney’s Fees Under Civil Code Section 1717

Cases: Landlord/Tenant, Cases: Section 1717

  Inhabitability Suit Indeed Was “On The Contract” For 1717 Purposes.     SUMMER AMUSEMENT.  BUG HUNTING.  1782.  Isaac Cruikshank, artist.  Library of Congress.       Plaintiffs/tenants sued landlord after having to vacate an apartment because of a bedbug infestation.  They won a jury verdict, and then moved to recoup $326,475 in attorney’s fees under Civil Code

Landlord/Tenant And Reasonableness Of Fees: Several Tenants Winning Harassment Suit Against Landlord Get Sizable $845,351.25 In Fee Recovery

Cases: Landlord/Tenant, Cases: Reasonableness of Fees

    L.A. Municipal Code And Statutory Inhabitability Breach Fee-Shifting Statute Were The Bases.                                                                Above:  Library of Congress.  Snodgrass common household roaches.  Public domain.      In Vaughn v. Darwish, Case No. B252762 (2d Dist., Div. 2 July 6, 2016) (unpublished), tenants won a harassment case against landlord, among other things involving the

Landlord/Tenant; Prevailing Party: Defendant Voluntarily Dismissed From Civil Harassment Proceeding Properly Denied Fee Recovery

Cases: Landlord/Tenant, Cases: Prevailing Party

  No Fee Entitlement Under CCP § 1032(b) Or CC § 1717, And Trial Court Did Not Abuse Its Discretion In Determining Defendant Did Not Prevail Under Rental Lease Clause Or Civil Harassment Discretionary Fee-Shifting Statute.      Plaintiff landlord and defendant tenant obviously got at odds with each other, prompting landlord to initiate both an

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