Fee Clause Interpretation: Fee Clause In Rental Agreement Enforced As To Additional Appellate Fees Assessed Against Losing Party

However, Losing Party’s Failure To Appeal Earlier Fee Award Led To The Equitable Resolution By The Appellate Court.

            Adams v. Easley, Case No. C081016 (3d Dist. May 23, 2019) (unpublished) is an interesting case where an in pro per tenant plaintiff was assessed with additional appellate fees of $7,548 in favor of landlord in connection with an earlier appeal.  Previously, plaintiff had been hit with $97,677.50 in fees at the trial court level, something that he apparently did not appeal and was final long ago.  However, plaintiff did appeal the additional fee award, obtaining some measure of relief.  There was an $800 fee “liability cap” in the rental agreement, which the appellate court honored.  Although it could not undo the prior $97,677.50 fee award, the Third District panel decided it could honor this cap by not assessing the additional appellate fees awarded later.