Brookshire v. HPG Management Inc. CA2/1
Plaintiff Cory L. Brookshire (plaintiff) appeals from the trial court’s order awarding him attorney fees after he prevailed in his action for breach of the implied warranty of habitability against defendants and respondents HPG Management, Inc. and Yucca Investments, Inc. (collectively, defendants). The trial court found that the applicable lease agreements limited plaintiff ’s fee recovery to $1,600 and that plaintiff had not established the elements entitling him to statutory fees under Civil Code section 1942.4. On appeal, plaintiff argues that under section 1717 he was entitled to reasonable attorney fees not limited by any contractual cap, and that he proved the elements of section 1942.4 at trial. Plaintiff ’s arguments lack merit. Accordingly, we affirm the trial court’s order.
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