Defendant lessee appealed an order from the Superior Court of Sonoma County (California), which denied defendant’s motion to tax costs and awarded plaintiff lessor attorney’s fees in an action for unlawful detainer. The court affirmed.
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Overview
Plaintiff lessor entered into a lease agreement with defendant lessee for the use and possession of plaintiff’s property for a period of six months. Defendant continued to occupy the premises after the lease expired. A new lease was executed and again defendant continued to occupy the premises after its expiration. Plaintiff filed an action for unlawful detainer and attorney’s fees pursuant to the terms of the lease. The trial court found that the original lease had expired and the new lease had taken its place. The trial court awarded plaintiff attorney’s fees under Cal. Civ. Code ยง 1717. On appeal, the court affirmed the award ruling that it would be inequitable not to award plaintiff attorney’s fees under the reciprocal attorney’s fees provisions contained in both the original and new leases, upon which defendant would have been entitled to had he prevailed under the same facts.
Outcome
The court affirmed the award of attorney’s fees ruling that it would be inequitable not to award plaintiff lessor attorney’s fees under the reciprocal attorney’s fees provisions contained in both the original and new leases, upon which defendant lessor would have been entitled to had he prevailed under the same facts.
