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Remanded to Determine if Landlord Must Pay Tenant's Attorney Fees

November 28, 2014

Ben-Shahar v. Pickart
Court: California Court of Appeal
Opinion Date: November 24, 2014
Areas of Law: Constitutional Law, Landlord - Tenant, Real Estate & Property Law
After defendants purchased the building where plaintiff was living in a rent-controlled apartment, defendants served plaintiff with a 60-day notice to quit. Plaintiff subsequently initiated unlawful detainer proceedings against defendants and then filed a complaint alleging several state claims. Plaintiff sought an order restoring him to his apartment, restitution, damages, and attorney fees. On appeal, defendants challenged the trial court's denial of their Code of Civil Procedure section 426.16 special motion to strike plaintiff's first amended complaint because their conduct was protected litigation activity. Plaintiff cross-appealed the trial court's denial of his request for attorney fees in defending the motion. The court affirmed the denial of defendant's motion to strike where plaintiff's complaint was not directed at protected activity. However, the court reversed the denial of attorney fees and remanded for further proceedings to determine whether defendants' motion was frivolous, whether plaintiff is entitled to attorney fees and if so, the amount of such fees.


Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager


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