Legal Question in Landlord & Tenant Law in California

I served a 3-day notice for non payment of rent to my tenant and I filed an unlawful detainer. A few days before trial I realized that on the 3-day notice I had made a minor error in the address of the rented unit. The error was the equivalent of a spelling error that would not affect mail delivery but would technically not be a letter to letter match to the official USPS address. I am worried this could jeopardize my ability to get a writ later. Thus, I want to dismiss the case and re-serve a new 3-day notice with corrected address and file a new unlawful detainer. The tenant has an attorney. Is there any chance at all that the attorney could be awarded attorney fees? It is an oral lease with no specified attorney fee provision. Thank you for your response.


Asked on 2/16/14, 5:31 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

I think you are worried about nothing, but the general rule is that a prevailing party such as a defendant is not entitled to an award of attorney's fees when the plaintiff dismisses.

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Answered on 2/17/14, 8:20 am


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