California Court of Appeal

In case where plaintiffs dismissed the unlawful detainer action they brought, denial of defendant's motion for attorney fees under the sublease is reversed where the trial court wrongly found that the action sounded in contract and fees were barred by Civil Code section 1717. Plaintiffs' action for wrongful possession following termination of the lease sounded in tort, section 1717 does not apply, and defendant was the prevailing party.

Appellate Information

• Decided 06/06/2007
• Published 06/06/2007

Judges

• SIMS, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Law Office of Felix G. Poggemann and Felix G. Poggemann, Folsom, for Plaintiffs and Respondents., Ishikawa Law Office and Brendon Ishikawa, Davis;  Law Offices of D. Robert Morris and D. Robert Morris, Sacramento, for Defendant and Appellant.