Thao Thi Tran v. Perez

No. BV 20445 (Cal. Super. Ct. Los Angeles County Apr. 11, 1995) ; Clearinghouse Number: 50757

Description

Tenant Whose Rent Was Abated Because of Untenantable Premises Is Prevailing Party in Eviction Action

Abstract

The appellate court, on the basis of the lower court’s failure to determine the prevailing party properly, has reversed the trial court’s judgment for eviction. Complaining of substandard conditions, defendant tenant withheld rent after giving verbal notice to plaintiff landlord. After code enforcement authorities contacted landlord, landlord served tenant with a notice to pay rent or quit and subsequently sought tenant’s eviction. In her affirmative defenses, tenant asserted breach of the warranty of habitability and requested rent abatement and an order to repair the premises. The trial court found a 50-percent condition of untenantability and abated the rent. However, the court found landlord to be the prevailing party. Tenant appealed. The appellate court found that the trial court had erred as a matter of law. The court found that the trial court’s findings and attempt to tailor its judgment to the mandates of the state’s civil procedure code provision governing cases such as this one made it clear that the trial court had found a “substantial breach” of the landlord’s obligation to provide tenantable premises. Accordingly, the court ordered the judgment modified to reflect that defendant was the prevailing party and to award defendant attorney fees and costs.

Additional Information

Attorney Information
Plaintiff/Respondent represented by T.E. Glenn, Legal Services Program for Pasadena and San Gabriel-Pomona Valley, 201 E. Mission Blvd., Pomona, CA 91766, (909) 623-6357.
Docket Date
1995-04-11 00:00:00+00:00