Rabinowitch v. Cal. Western Gas Co.

In this action for rent due under a lease, the trial court awarded the lessor $28,325 rent and $2,500 attorneys’ fees. On appeal, the lessee contends that the award of rent involved, in effect, an unauthorized rewriting of the lease by the court and that attorneys’ fees should not have been allowed as they had been waived by stipulation. The lessor’s cross-appeal attacks both the trial court’s failure to award interest upon unpaid rent which accrued before the date of entry of judgment, and the court’s disallowance of $2,585 accounting fees as costs.

In his capacity as trustee for the benefit…