Denial Of Fees Was Improper, Because Tenants Showed The Written Lease With A Fees Clause Was Inapplicable.
In Hernandez v. Kocsis, Case No. G064238 (4th Dist., Div. 3 Feb. 4, 2026) (unpublished), authored by Justice Sanchez, the 4/3 DCA reversed a denial of attorney’s fees requested by plaintiffs/tenants. The case involved a negligence/premises liability case by tenants based on an apartment fire, but landlord brought a cross-complaint which did allege a contractual breach claim (praying for fees also) based on allowing an adult son to reside on the premises and smoke on the premises. Tenants were successful on their affirmative tort claims and defeated landlord’s cross-claims. However, the lower court did deny tenants’ request for fees of $158,680. The fee denial was reversed because Civil Code section 1717 made a unilateral fee clause mutual, with landlord losing a contractual cross-claim because tenant successfully argued that there was an oral rental agreement which negated the written lease alleged by landlord with the fees clause. Because winning on the theory that a contract is inapplicable will bring success under section 1717, the matter was remanded to determine what fee would be reasonable, including entertainment (possibly) of apportionment arguments.