Judge Cheryl Gonzales
The landlord began this holdover proceeding after terminating Creighton’s tenancy in a notice arguing tenant failed to comply with the notice to cure by removing all illegal occupants from and to stop subletting the apartment. Landlord subsequently sought leave to discontinue the action. The court granted the motion on condition that landlord pay tenant’s costs and reasonable legal fees. Landlord challenged some of the fees for the law graduate involved on the case and claimed tenant could not recover fees on fees. The court disagreed, noting an attorney was entitled to fees incurred in the additional time spent in proving the attorney fees claim. Further, the court noted that while tenant was not always successful on certain motions made throughout the litigation, the motions made would not have been necessary had landlord acted sooner than the 14 months it took to move for a discontinuance. Thus, the court concluded that while the determinations on tenant’s motions were not 100 percent favorable to tenant, there was no motion that was unrelated to the major issue in the case, and they served to advance the case to its ultimate outcome, granting attorney fees of $22,393 to tenant’s counsel.
