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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To be sure, the landlord’s win here was not “unqualified” as in Ajaxo (we recognize a total reduction of the maximum amount sought by about 31 percent), and the disparity in positions (zero versus nearly 70 percent) not quite as extreme as in Silver Creek. Even so, it is hard to square either Ajaxo or Silver Creek with the trial court’s decision, even tested under an abuse of discretion standard. Clearly, the landlord here obtained the “greater” part of its two litigation objectives: repossession and compensation for the tenant’s occupation. It is not enough to hide the difference under the cover of an abuse of discretion standard: As Hsu and the text of section 1717 show, discretion must be reasonable given the totality of the case and all the facts and circumstances. *1300IV. CONCLUSION

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