Legal Question in Landlord & Tenant Law in California

I recently asked the following question, and thanks again for your advice:

"What is the process in California for getting reimbursed for court and attorney fees when your landlord dismisses an Unlawful Detainer action against you before it goes to trial?"

Yesterday, I filed my memorandum of costs and served the plaintiff's attorney with a copy.

In it, I claim 320.00 attorneys fees (consulting fees with a long-distance attorney, and I have receipts).

I just received a call from the plaintiff's attorney saying that I cannot ask for attorney's fees because the case was dismissed by plaintiff prior to trial, thus there is no prevailing party.

He told me that unless I file an amended memorandum of costs, he will file a motion to strike the attorney's fees. He continued on to say (threaten) that I will then be subject to steep monetary sanctions.

Additional information, if it's helpful: My rental agreement does contain the stipulation allowing for attorney's fees by the prevailing party.

Is this true, or is this simply an intimidation tactic?


Asked on 6/29/10, 9:56 pm

1 Answer from Attorneys

Presumably the dismissal was without prejudice. Although that does not automatically mean there is no prevailing party, it probably does mean that in your case, since there is a new case pending already. Determining the prevailing party when there has not been a trial, and even sometimes when there has been, is very complicated. I'm not sure what his basis is for saying you would be sanctioned for asking for them, unless they are requested in bad faith with no real right to them. If the dismissal was without prejudice, I suppose it might be clear enough that you are not entitled to them. Without knowing the facts and then doing some research, it is not really possible to tell if you even have a good faith claim for the fees.

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Answered on 6/30/10, 1:24 am


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