California Court of Appeal

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Carter v. Cohen, B214393

In a landlord-tenant dispute, jury's determination that the tenant's excess rent payments amounted to $11,590 and an award of $25,575 in attorney's fees to the tenant are affirmed where: 1) trial court did not err in permitting the tenant to assert her Rent Stabilization Ordinance (RSO) claim; 2) trial court did not err in issuing the fee award as the trial court may properly award costs to a plaintiff who recovers less than the jurisdictional amount for an unlimited civil case when he or she reasonably and in good faith initiated the action believing that the ultimate recovery would exceed the jurisdictional limit; and 3) the matter is remanded to the trial court solely for a determination of the amount of attorney fees to be awarded to the tenant as the prevailing party on appeal.

Appellate Information

  • Decided 09/28/2010
  • Published 09/28/2010

Judges

  • MANELLA

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • James S. Cooper, Brad S. Kane

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