Costs/Assignment: Landlord Was Entitled To $167,407.55 Fee Award Against Lease Assignees

 

Also, Mediation and Other Routine Costs Were Justified.

     Landlord won damages, attorney’s fees, and routine costs against lease assignees in Town Square Properties v. Mansouri, Case No. B236871 (2d Dist., Div. 5 July 15, 2013) (unpublished). The fee award alone was $167,407.55 in favor of landlord, as well as routine costs for mediation fees, attorney service, and parking expenses of $3,256. Everything was affirmed on appeal.

     The $3,256 routine costs were no abuse of discretion because mediation efforts are compensable if they encourage parties to resolve lawsuits such that they a necessary part of the litigation. (Gibson v. Bobroff, 49 Cal.App.4th 1202, 1209 (1996).)

     Because a written lease necessarily included enforcement of assignment agreements (given that assignees are liable for rental obligations unless expressly released), the fees were “on the contract” under Civil Code section 1717.