International Industries, Inc. v. Olen

Opinion

CLARK, J.

Proceeding to review order denying defendant costs and attorney’s fees following plaintiff’s voluntary dismissal without prejudice.

Plaintiff sublessor and defendant sublessee entered a written sublease providing for plaintiff’s costs and attorney fees incurred in enforcing plaintiff’s rights under the agreement. Plaintiff served amended notice to pay or quit in December 1975. In the same month, plaintiff filed complaints in superior court to recover rent and in municipal court for unlawful detainer. In the superior court action, plaintiff alleged damages of more than $5,000…