Tenant Proved There Was A Defective 3 Day Notice For Nonpayment, Because Tenant Did Not Contest It Was Claiming Occupancy Of Unleased Areas–$122,855 Was The Fee Award.
Big Washington LLC v. Superdudes, LLC, Case No. F086483 (5th Dist. Dec. 20, 2024) (unpublished) shows how highly contested unlawful detainer actions can produce a substantial award to a prevailing party (in this case, the tenant) to the tune of $122,855.
Plaintiff landlord filed an unlawful detainer action against defendant tenant for nonpayment of rent, based on the claim tenant was not paying for areas not encompassed within a lease (with tenant not claiming any rights in those areas). Tenant eventually was granted a summary judgment based on a defective 3-day notice to pay or quit, with tenant later awarded $122,855 in fees for 473.5 hours applying the local market rate.
Landlord appealed, but did not obtain a change in the fee award. Landlord argued that CCP § 1032 (the routine costs provision) applied, but the appellate court properly observed that specific fee statutes govern the interpretation of what litigant prevails. Given that tenant beat the unlawful detainer action and retained possession of the commercial premises, tenant was the prevailing party by achieving its primary litigation objectives.