Izzy’s Deli v. LMA & SAI 1433 Wilshire CA2/5
In a concurrently filed opinion resolving consolidated appeals (B306162 and B306180), we affirm on the merits two judgments against defendant and appellant LMA & SAI 1433 Wilshire LLC (LMA) that arise out of a dispute over the lease between LMA and its commercial tenant, plaintiff and respondent Izzy’s Deli (Izzy’s). In issuing the judgments in favor of Izzy’s, the trial court found Izzy’s to be the prevailing party. The lease between the parties includes a clause that states the prevailing party in an action to enforce or declare rights under the lease is entitled to attorney fees. Izzy’s subsequently filed a motion seeking attorney fees and costs. The trial court granted the motion, awarding Izzy’s $328,276 in attorney fees and $5,658.87 in costs.
LMA filed this appeal, which it expressly characterized as a “protective appeal” from the post-judgment award of attorney fees and costs.
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