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 A124067/A124801 (1st Dist., Div. 3 Sept. 29, 2010) (unpublished) was a situation where a litigant was declared a vexatious litigant, with the unpublished decision containing an interesting discussion of the law in this area. However, the winning litigant eventually recovered $176,417 in fees and costs for winning a retaliatory eviction cross-claim against vexatious litigant.
Vexatious litigant was unable to overturn the substantial fee award on appeal. Civil Code section 1942.5(g) permits a fee award to a tenant who prevails in an action for retaliatory eviction. Winning litigant prevailed against vexatious litigant in the retaliatory eviction cross-claim, justifying the fee award.
