Marsh-McLennan Building, Inc. v. Clapp

Stephen Clapp leased space in a commercial office building owned by Marsh-McLennan Building, Inc. After the written lease had expired, Clapp became a month-to-month tenant under an oral agreement. When Clapp defaulted on the rent and refused to vacate, Marsh-McLennan instituted unlawful detainer proceedings and ultimately prevailed at trial. On appeal, Clapp argues that proof of service of the notice of unlawful detainer was inadequate and that the trial court erred in its award of attorney fees to Marsh-McLennan under the terms of the written lease because the default occurred while the oral…