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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (49)

Full Text

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On top of those basic disparities, there are Hsu’s “ ‘equitable considerations’ ” to consider: The tenant vacated the premises the day before trial was initially scheduled to begin, which, in equitable terms, was a clear victory for the landlord.6 Repossession of the premises was at least one of the landlord’s main litigation objectives, the litigation had clearly resulted in that repossession, and only the tenant’s unilateral llth-hour capitulation deprived the landlord of being able to say that the trial itself resulted in the achievement of that objective.