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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Nasser v. Superior Court, supra, 156 Cal.App.3d 52 really was a “mixed result” case: There, a tenant wanted his market to stay in a certain location for another three years based on an option to renew his lease, and sued to establish a monthly rental (the original lease provided for a cost-of-living standard). While the tenant got to stay in the premises and the lease was validated, the tenant also got hit with, as the court expressly noted, a more than 68 percent increase on what his rent had previously been (going from $400 to $674) (id. at p. 55), and which was more than 19 percent above the highest the tenant had offered in pretrial negotiations (ibid, [previous offer was $565]). The trial court’s determination of no prevailing party was thus reasonable. (Id. at p. 60.)

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