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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Fairchild v. Park, 109 Cal. Rptr. 2d 442 (2001)

Citation
Fairchild v. Park, 109 Cal. Rptr. 2d 442 (2001)
Parent Document
Fairchild v. Park, 109 Cal. Rptr. 2d 442 (2001)
Jurisdiction
California (state)
Effective Date
2001-07-19

Other Sections in This Document (144)

Full Text

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I concur in part and dissent in part. I agree with the reversal of the order denying defendant's motion to strike $9,147 in costs. I disagree, however, with the reversal of the order denying plaintiffs' motion for attorney fees. In my view, the breaching tenants who, without justification, had withheld rent for a year, may not enforce a contractual attorney fee clause against a landlord whose breach of the implied warranty of habitability caused the tenants to suffer property damage in an electrical fire. The landlord's breach did not, in this specific case, extinguish the tenants' duty to pay the back rent accrued during the year before the fire.[1]