California Court of Appeal

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Hemphill v. Wright Family, D065462

In this case, plaintiff-tenant fell while walking across a common area lawn owned by defendant-homeowner. Plaintiff was the prevailing party in the underlying personal injury action against defendant. The trial court’s order denying an attorney fee award to plaintiff is reversed and remanded, where: 1) the attorney fee provision in the parties' lease agreement allows the prevailing party in any action arising out of the homeowner's tenancy, the agreement, or the provisions of the Mobilehome Residency Law (Civil Code section 798 et seq.) to recover reasonable expenses including attorney fees and costs; and 2) the tenant's injury arose out of the homeowner's tenancy and entitled him to an award of attorney fees.

Appellate Information

  • Decided 02/25/2015
  • Published 02/25/2015

Judges

  • McIntyre

Court

  • California Court of Appeal

Counsel

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