Cap On Attorney's Fees In Lease Is Enforceable

On September 15, 2015, the Appellate Division of the Los Angeles Superior Court ruled that a lease provision capping attorneys fees and costs is enforceable. The lease provision provided as follows: “In any legal action brought by either party to enforce the terms of this LEASE, the prevailing party shall be entitled to all costs, reasonably incurred in connection with that action, limited to no more than five hundred dollars ($500.00). In addition, the prevailing party is entitled to reasonable attorney fees, limited to no more than seven hundred fifty dollars ($750.00).” The tenant prevailed in an unlawful detainer action and sought an award of attorneys fees from the landlord in the amount of $12,375.00.  The trial court granted the tenant's request. The landlord appealed.  The Appellate Division of the Superior Court reversed the trial court's decision and held that the tenant could not recover more than $750.00 in attorney's fees. (See, 511 S. Park View, Inc. v. Tsantis (2015) 240 Call.App.4th Supp. 44)

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com. 

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice. 

© 2015 Ruzicka, Wallace & Coughlin, LLP.

Ruzicka, Wallace & Coughlin, LLP Participates In The Western National Property Management 20th Annual Leadership Conference and Vendor Expo

Ruzicka, Wallace & Coughlin, LLP was delighted to participate in the 20th Annual Leadership Conference and Vendor Expo held by Western National Property Management at The Hilton Anaheim on Friday, September 25, 2015.

Tenant May Be Evicted Due To Failure to Obtain Renters Insurance

On October 1, 2015, the Appellate Division of the Superior Court of California held that a landlord may evict a tenant for failing to obtain renters insurance required by the lease, regardless of whether the breach was material, where the lease provides that “any failure of compliance or performance by Renter shall allow Owner to forfeit this agreement and terminate Renter's right to possession”. (See, Boston, LLC v. Juarez, 2015 WL 5771040)

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com. 

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice. 


© 2015 Ruzicka, Wallace & Coughlin, LLP.

Los Angeles Superior Court To Start Hearing Unlawful Detainer Actions In Pomona Courthouse

Effective as of September 21, 2015, the Los Angeles Superior Court is expanding limited jurisdiction unlawful detainer actions from seven to eight courthouses. In addition to the other seven Los Angeles courthouses that hear unlawful detainer actions, the Superior Court will start hearing unlaful detainer actions at the Pomona Courthouse South located at 400 Civic Center Plaza, Pomona, CA 91766.

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com. 

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice. 


© 2015 Ruzicka, Wallace & Coughlin, LLP.

The Ninth Circuit Court of Appeals Throws Out Lawsuit Seeking To Require Los Angeles to Reopen Closed Courthouses

Since 2000, the County of Los Angeles has closed 20 of 58 courthouses. Landlord-tenant and eviction matters were consolidated into five hub courts, which was subsequently extended to seven courts. Non-profit groups argued that the court closings adversely impacted indigent tenants who had difficulty traveling to and from court. In some instances, it might take a tenant two hours on a bus each way to attend a court hearing. The federal court ruled that it did not have the power to substitute its judgment for that of the state courts in allocation of the state court's resources.

Landlord-Tenant And Small Claims Cases From The Victorville District Will Be Filed And Heard In The Barstow District Court

The Superior Court of California for the County of San Bernardino has issued a new notice.  Effective as of October 13, 2015, all small claims and landlord-tenant filings from the Victorville  District will be filed and heard in the Barstow District Court located at 235 East Mountain View, Barstow, CA 92311; Telephone Number (760) 718-3734.

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com. 

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice. 


© 2015 Ruzicka, Wallace & Coughlin, LLP.

Ruzicka, Wallace & Coughlin, LLP to Participate in U.S. REO Partners Webinar on Post-Foreclosure Evictions and Homeowner Association Liens

Partner Earl R. Wallace is honored to speak at a webinar hosted by the U.S. REO Partners concerning post-foreclosure evictions and homeowner association liens to be held on September 3, 2015.