Fee Clause Interpretation: Broadly Worded Provision Allowed Fee Recovery To Home Park Tenant Prevailing In Landlord Premises Liability Case

 

 

Trial Court’s Denial of Fees Reversed.

 

     Plaintiff was a tenant in a manufactured home park, falling while walking across a common area lawn. Plaintiff brought a premises liability suit against landlord, garnering a $311,899.67 damages award. However, the trial court denied plaintiff’s fee request.

     That was reversed on appeal in Hemphill v. Wright Family, LLC, Case No. D065462 (4^th Dist., Div. 1 Feb. 25, 2015) (published). There was a broadly worded fees clause in the lease encompassing “an action arising out of homeowner’s tenancy.” It was found in landlord’s preprinted form, such that the failure to define “homeowner’s tenancy” was construed against landlord. The premises liability suit did arise out of plaintiff’s tenancy so as to justify a fee award.