Cases: Landlord/Tenant – Page 8

Landlord/Tenant: First District, Division One Invalidates Rent Ordinance Fee Shifting Provision Where It Would Add Fee Recovery In Derogation of Narrow Statute Statutory Fee Shifting

February 24, 2011

Municipal Ordinances Cannot Add Another Procedural Constraints on State Statutes. Proposition M, a San Francisco rent ordinance, added an attorney’s fees provision to the San Francisco Rent Ordinance mandating an award of fees to a prevailing tenant in an unlawful detainer case brought under state law except for one narrow exception. The First

Landlord/Tenant: Vexatious Litigant Hit With $176,417 In Fees And Costs Under Retaliatory Eviction Fee-Shifting Provision

Cases: Landlord/Tenant

October 2, 2010

First District, Division 3 Grants Fees Under CC § 1942.5(g). Ouch—the sting of attorney’s fees can be harsh. Plaintiff, declared to be a vexatious litigant in a case involving a retaliatory eviction cross-claim, discovered that lesson the hard way. King v. Nielsen, Case Nos. A124067/A124801 (1st Dist., Div. 3 Sept. 29, 2010) (unpublished)

Landlord/Tenant: Substantial Attorney Fee Award Of $506,056.95 Goes POOF!

February 11, 2010

Second District, Division 1 Reverses Unlawful Detainer Judgment and Fee Award Based on Finding Five U.D. Notices Insufficient in Nature. The POOF! principle is one that we coined for what generally happens when a merits judgment is reversed—that reversal usually means that a related attorney’s fees award also gets reversed. Aside from