Active Properties, LLC v. Cabrera

Opinion

B. JOHNSON, J.—

INTRODUCTION

Following a jury verdict in her favor, defendant Maria Cabrera made a motion for attorney fees pursuant to Code of Civil Procedure section 1174.21,1 asserting that plaintiff Active Properties, LLC, filed the instant unlawful detainer action while substandard conditions in defendant’s apartment unit existed for more than 35 days in violation of Civil Code section *Supp. 91942.4. The court denied the motion on the basis that plaintiffs Civil Code section 1942.4 liability had not been litigated at trial before the jury. Defendant appeals the court’s denial of…