de la Cuesta v. Benham, 193 Cal. App. 4th 1287 (2011)

Citation: de la Cuesta v. Benham, 193 Cal. App. 4th 1287 (2011)
Parent Document: de la Cuesta v. Benham, 193 Cal. App. 4th 1287 (2011)
Jurisdiction: California (state)
Effective Date: 2011-03-29
Original Source: https://www.courtlistener.com/opinion/5810133/de-la-cuesta-v-benham/ ↗

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Of greatest significance here is the relative extent of the success of each party in comparison to its basic litigation position: The tenant, Benham, asserted the extreme position that she owed nothing by way of back rent because of the water and sewage leaks; she ended up with a judgment of about $70,000 against her. By contrast, at his most exuberant (and that in an amended trial brief), the landlord, de la Cuesta, asserted he was owed $103,000 but that was cut back to $70,000. The landlord, in short, got about 70 percent of the most of what he sought going into trial; the tenant got zero percent.5

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