Motion: By Defendants David Hovannisian, Bryce Hovannisian, dba
JK Home Rentals for attorney’s fees
Tentative Ruling:
To deny.
Explanation:
The right to recover attorney’s fees on a contact depends solely on the contractual language. Here the lease agreement provides:
11. If any legal action or proceeding be brought by either party to enforce any part of this agreement, the prevailing party shall recover, in addition to all other relief, reasonable attorney’s fees and costs.
Although Plaintiff herein drafted his complaint using the Judicial Council form complaint for contract complaints, none of his causes of action involve any part of the lease agreement [the contract] Plaintiff entered into with Defendants; the complaint alleges only causes of action for wrongful eviction, defamation, slander, and libel. Tort actions are not an “action on the contract” within the meaning of Civil Code section 1717 authorizing an award of attorney’s fees in an action on a contract. (Stout v. Turney (1
Hearing Date
August 28, 2017
Type
33 Unlimited - Wrongful Eviction
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Motion: By Defendants David Hovannisian, Bryce Hovannisian, dba
JK Home Rentals for attorney’s fees
Tentative Ruling:
To deny.
Explanation:
The right to recover attorney’s fees on a contact depends solely on the contractual language. Here the lease agreement provides:
11. If any legal action or proceeding be brought by either party to enforce any part of this agreement, the prevailing party shall recover, in addition to all other relief, reasonable attorney’s fees and costs.
Although Plaintiff herein drafted his complaint using the Judicial Council form complaint for contract complaints, none of his causes of action involve any part of the lease agreement [the contract] Plaintiff entered into with Defendants; the complaint alleges only causes of action for wrongful eviction, defamation, slander, and libel. Tort actions are not an “action on the contract” within the meaning of Civil Code section 1717 authorizing an award of attorney’s fees in an action on a contract. (Stout v. Turney (1