Van Nuys Associates, Inc. v. Hoffman CA2/4
Plaintiff and respondent 8121 Van Nuys Associates, Inc. (respondent) owned commercial property at 8121 Van Nuys Boulevard in Panorama City. Respondent leased space in the property to defendants and appellants Advanced Professional Imaging Medical Group and Sim Hoffman (collectively appellants). When appellants vacated the premises, respondent sued for past rent due and other damages, and appellants counter-sued for recovery of their security deposit. The court awarded each party damages and subsequently awarded respondent attorney fees. Appellants contend the trial court erroneously relied on Code of Civil Procedure section 1032 (section 1032) instead of Civil Code section 1717 (section 1717) in awarding fees in this breach of contract action. We agree with appellants and therefore reverse and remand for the trial court to exercise its discretion under section 1717.
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