Prevailing Party: Trial Court’s Awards Of Attorney’s Fees And Costs To Landlord Before Final Judgment Entered Did Require Reversal Of Awards

Fee/Costs Awards Before Final Judgment Entered Were Premature And Infirm.

            After a plaintiff tenant surrendered possession but before a final judgment was entered in an unlawful detainer action, a trial judge—thinking the case effectively was “over”—entered an attorney’s fees award to landlord as prevailing party in the sum of $221,849 (out of a requested $292,902.53) and a costs award to landlord to the tune of $8,317.57.  Tenant smartly appealed, because the appellate court in PhxCap II, LLC v. AG Mobile Restaurant Concepts, LLC, Case No. D078074 (4^th Dist., Div. 1 Oct. 19, 2021) (unpublished) reversed. 

            The reason was fairly elemental:  there can be no prevailing party until a final judgment has been reached.  (Jimenez v. City of Oxnard, 134 Cal.App.3d 856, 858 n. 3 (1982) [costs]; Butler-Rupp v. Lourdeaux, 154 Cal.App.4^th 918, 928 (2007) [section 1717 prevailing party can only be determined “by the final result of the litigation”].)  Beyond that, there were remaining landlord claims for damages which were hanging out there, with the “final judgment” only dealing with possession.  No final judgment, no prevailing party—too premature.