Defendant subtenant is in breach of a lease agreement with Plaintiff, the master tenant.
Plaintiff filed a Second Supplemental Complaint alleging that Defendant broke into the apartment and had it re-keyed while Plaintiff was living in Italy, and rented the apartment out, but paid no rent to Plaintiff. The parties entered into a settlement agreement regarding the unlawful detainer and forcible-entry action against Defendant. However, Defendant allegedly breached the terms of the settlement agreement.
On August 6, 2020, the Court ordered the case dismissed without prejudice.
Defendant Lauren English seeks an award of attorney’s fees, costs and post-judgment interest.
RECOMMENDED TENTATIVE RULING
Defendant Lauren English’s motion for attorney’s fees and costs is GRANTED in the reduced amount of $33,800.00 in attorney’s fees and the requested amount of $2,389.4 in costs. Pursuant to CCP § 685.010(a)[1], interest accrues at 10% per annum on the attorney’s fees award until satisfied.
Hearing Date
November 12, 2020
Type
Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) (General Jurisdiction)
Status
Court-Ordered Dismissal - Before Trial - Lack of Prosecution 08/06/2020
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Defendant subtenant is in breach of a lease agreement with Plaintiff, the master tenant.
Plaintiff filed a Second Supplemental Complaint alleging that Defendant broke into the apartment and had it re-keyed while Plaintiff was living in Italy, and rented the apartment out, but paid no rent to Plaintiff. The parties entered into a settlement agreement regarding the unlawful detainer and forcible-entry action against Defendant. However, Defendant allegedly breached the terms of the settlement agreement.
On August 6, 2020, the Court ordered the case dismissed without prejudice.
Defendant Lauren English seeks an award of attorney’s fees, costs and post-judgment interest.
RECOMMENDED TENTATIVE RULING
Defendant Lauren English’s motion for attorney’s fees and costs is GRANTED in the reduced amount of $33,800.00 in attorney’s fees and the requested amount of $2,389.4 in costs. Pursuant to CCP § 685.010(a)[1], interest accrues at 10% per annum on the attorney’s fees award until satisfied.