POOF! Earlier Reversal of Judgment On Less Than All Causes of Action Required Reversal Of Subsequent Fees/Costs Award

4/1 DCA So Rules In Unpublished Opinion.

            In Cui v. Secured Capital Ltd. Partnership, Case No. D078538 (4^th Dist., Div. 1 Dec. 2, 2021) (unpublished), a trial judge entered a $97,000 fees/costs award against a commercial tenant based on tort and premises liability claims against landlord and its real estate broker about the suitability of the leased premises for tenant’s intended uses.  The lower court earlier had granted summary judgment on all claims based upon an unlawful detainer possession stipulation, with the appellate court reversing the summary judgment on all claims but the premises liability count.  That meant the fees/costs award when POOF! also.  That held true even when, as here, the judgment was reversed as to fewer than all causes of action. (See Harris v. Wachovia Mortgage, FSB, 185 Cal.App.4th 1018, 1021 [reversal of postjudgment fee and cost order required where judgment was reversed as to only one of three causes of action]; Ventas Finance I, LLC v. Franchise Tax Bd. (2008) 165 Cal.App.4th 1207, 1212 [reversing fee award following partial reversal of judgment].)