Appellate Court Reverses Fee Award in Favor of Landlord.
Woodland Park Mgt., LLC v. City of East Palo Alto Rent Stabilization Bd., Case No. A124154 (1st Dist., Div. 5 Feb. 1, 2010) (certified for publication) involved “prevailing party” fee recovery language in East Palo Alto’s Rent Stabilization and Eviction for Good Cause Ordinance (RSO) in a mandate proceeding where landlord successfully challenged an increase in a landlord registration fee imposed by the City. Landlord was also awarded $20,037.25 in fees under the RSO fee recovery provision.
On appeal, Justice Bruiniers, writing for a 3-0 panel of the First District, Division 5, reversed. Based on an examination of all the provisions of the RSO, the appellate court concluded that fees are only authorized in actions between landlords and tenants to determine their respective rights. However, the RSO does not grant fee recovery in actions between landlords and the City.
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