Incivility Defense Not Accepted By The Lower Court.
A plaintiff landlord during the COVID pandemic suffered an adverse summary judgment in an unlawful detainer case, fighting all the way—which litigants are entitled to do. In Lighthouse Brooks, LLC v. Affinity House, Inc., Case No. B323615 (2d Dist., Div. 4 May 9, 2024) (unpublished), the appellate court affirmed an attorney’s fees award of $69,930 to tenant over landlord's objections. Landlord argued fees should be reduced because tenant’s counsel was guilty under the “incivility card” defense (which we have blogged on in some very recent posts, such as in Snoeck v. ExakTime Innovations, Inc., 96 Cal.App.5th 908, 911 (2023)). At best, however, one alleged act of incivility was at issue, with the trial court rejecting the need to reduce fees given other cases have much more pervasive conduct involved.
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