California Court of Appeal

In an attorney fees case in an underlying small claims landlord-tenant action that was appealed to superior court, the trial court's award of over $10,000 in attorney fees to the prevailing plaintiffs, in accordance with the attorney fee provision of their lease, is reversed where Code Civ. Proc. section 116.780(c), which provides for an award of fees up to $150 in connection with a small claims appeal, must be construed to override contractual attorney fee provisions and limit the fee award here to $150.

Appellate Information

• Decided 10/22/2015
• Published 10/22/2015

Judges

• NARES

Court

• California Court of Appeal

Counsel