Court Limits Attorney’s Fees to Maximum Amount

Court Limits Attorney’s Fees to Maximum Amount Set Forth in Code

In 511 S. Park View, Inc. v. Tsantis, the Appellate Division of the Los Angeles County Superior Court limited the award of attorney’s fees to the amount set forth in the Code, despite an attorney’s fee’s provision in the lease. In 511 S. Park, plaintiff filed an unlawful detainer action against the tenants. The tenants prevailed at trial. They requested an award of $12,375 in attorney’s fees, which was granted. The landlord objected arguing that the Code cited by the tenants expressly limited an award of attorney’s fees to $750. The trial court awarded the tenants $12,375 finding that the $750 limitation on attorney’s fees was void and unenforceable. The Appellate Division of the Superior Court reversed holding that the $750 cap was legally binding.