Cases: Landlord/Tenant

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             In Gupta v. Choy, Case No. A151582 (1st Dist., Div. 1 June 27, 2018) (unpublished), plaintiff tenant dismissed a case without prejudice against defendants, either landlords or at least their agents, on the eve of trial.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Party.             8121 Van Nuys Associates, Inc. v. Hoffman, Case No. B276900 (2d Dist., Div. 4 March 21, 2018) (unpublished) involved a landlord/tenant case where both parties won some relief.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

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             Duncan v. Nathan, Case No. A147468 (1st Dist., Div. 5 Feb. 5, 2018) (unpublished) involved a landlord-tenant dispute involving claims for negligence, quiet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

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