Certified For Publication On October 5, 2016. In our post of September 13, 2016, we discussed Hjelm v. Prometheus Real Estate Group, a 1/1 DCA unpublished decision which affirmed a $326,475 attorney’s fees award under Civil Code section 1717 to tenants in a “bedbug” inhabitability case based on a lease fees clause. We
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
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 In Vaughn v. Darwish, Case No. B252762 (2d Dist., Div. 2 July 6, 2016) (unpublished), tenants won a harassment case against landlord, among other things involving the
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
Also, Failure To Itemize Expenses Incurred For RFA Denials Prevented Imposition Of Costs-Of-Proof Sanctions. The standard of review is critical in appellate matters as well as the development of the record below. Appellant, the successful defendant in a residential unlawful detainer case, found that out in Kennedy v. Morin, Case No. B254871 (2d
Postjudgment Enforcement—Harris v. Otttovich, Case Nos. A139146 et al. (1st Dist., Div. 5 June 2, 2015) (unpublished). In this one, former landlords lost a wrongful eviction suit and the lower court awarded tenant $48,000 in postjudgment collection/enforcement fees under CCP § 685.040. Landlords argued that, because there was no contract with a fees
Civil Code Section 789.3(c)(2) Allows For Such An Award. Successor landlord in this one got “stung” for interrupting the utilities in premises and then failing to pay relocation expenses with respect to a 77-year elderly tenant, who had a good 12 year relationship with a prior landlord. Then, things got shaky with the
Moving Attorney Did Some Smart Things Here. Because trial court experiences can provide some good tips, we report on the result of an attorney’s fees motion in a recent San Diego County Superior Court ruling in Five Star Synergy, Inc. v. Light Wireless Communications, LLC. This was a commercial unlawful detainer case
Lower Court Erred In Refusing To Award Fees Under Fees Clause Which Encompassed Landlord’s Declaratory Relief Claim. Earlier, tenant had won both trial and appellate court victories on the theory that landlord’s substantial rent increase violated local L.A. rent control ordinances, with landlord instigating things primarily through a declaratory relief-oriented action which landlord
Trial Court’s Denial of Fees Reversed. Plaintiff was a tenant in a manufactured home park, falling while walking across a common area lawn. Plaintiff brought a premises liability suit against landlord, garnering a $311,899.67 damages award. However, the trial court denied plaintiff’s fee request. That was reversed on appeal in
