Can a lease agreement permit a plaintiff to recover reasonable attorney fees in an action between the parties?

California, United States of America


The following excerpt is from Fairchild v. Young S. Park, 109 Cal.Rptr.2d 442, 90 Cal. App. 4th 919 (Cal. App. 2001):

Under a "lease agreement permit[ting] recovery of reasonable attorney fees in an action between the parties[,] . . . an interpretation which bars recovery to parties who have contingent fee agreements would create a great deal of inequity because although a party with a contingent fee agreement would be exposed to the risk of paying fees incurred by an opponent, he would have no opportunity to recover any portion of the fees he would in fact be required to pay if he were successful. Such disparity of treatment is to be avoided in interpreting and applying attorney fees provisions. [Citation.]" (Gonzales v. Personal Storage, Inc. (1997) 56 Cal.App.4th 464, 480.)

Other Questions


Is a plaintiff entitled to recover time, attorney fees and attorney fees incurred by a plaintiff in a personal injury action against a third party? (California, United States of America)
When a plaintiff joins a separate cause of action for which attorney fees are permitted, can the prevailing party recover on the other side of the action? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Can a plaintiff recover damages arising from the breach of a lease where the lease was breached within a single unlawful detainer action? (California, United States of America)
Does a clause in a real estate purchase agreement stipulate that the prevailing party would recover attorney fees and costs in any litigation or other legal proceeding to which this Agreement gives rise? (California, United States of America)
Can a contractual attorney's fee provision allow the prevailing party to recover attorney's fees in a non-contractual or tort action? (California, United States of America)
Can an adverse party in a personal injury action recover fees paid or payable to his own attorney for services rendered in that action? (California, United States of America)
What is the difference between a reasonable and unreasonable plaintiff and a reasonable plaintiff under a "reasonable implied assumption of risk" approach? (California, United States of America)
What is the test for reasonable expectation of privacy under the Fourth Amendment when an overnight guest is found to have been a party to a party in the home of the party's landlord? (California, United States of America)
Is a party who is represented by their own attorney entitled to the same procedural consideration as a plaintiff who is not represented by an attorney? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.