Fernandes v. Singh (2017)

Citation: Fernandes v. Singh (2017)
Parent Document: Fernandes v. Singh (2017)
Jurisdiction: California (state)
Effective Date: 2017-11-02
Original Source: https://www.courtlistener.com/opinion/4440239/fernandes-v-singh/ ↗

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imposed a penalty of $17,300. (Hale, at pp. 392-393.) Hale held such a penalty--on the
specific facts of that case--violated due process. (Id. at pp. 397-398; cf. Kinney v.
Vaccari (1980) 27 Cal.3d 348, 352-356 [distinguishing Hale on the facts and upholding
award of multiple days of penalties].) An important fact was that once service is cut off
“the duration of the penalties is potentially unlimited, even though the landlord has done
nothing” except fail to restore service. (Hale, at p. 399.) But here, the statutory penalty
was for four specific acts (three acts of filing baseless eviction cases, and a fourth for
repeatedly demanding rent in excess of the conditional judgment), at the statutory rate of
$2,000 per act, for a total statutory penalty of $8,000. (But see fn. 5, ante.) Thus, Hale, a
fact-driven case, does not advance Singh’s claims in this case.8
       Fourth, Singh contends the attorney fee award was excessive. The trial court was
best positioned to determine a reasonable fee award. (See PLCM Group, Inc. v. Drexler
(2000) 22 Cal.4th 1084, 1095.) Because Singh does not fairly describe the evidence
supporting the award, he has not demonstrated an abuse of discretion.

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