Winston

I

Preliminary Statement

Plaintiff and cross-defendant, State of California Public Employees’ Retirement System (PERS), as lessor, brought this action against defendant and cross-complainant, frank d. winston (winston), as lessee, seeking unpaid rent and attorney fees. Winston cross-complained for declaratory relief and retroactive rent abatement. Following a court trial, the court adjudged that PERS was entitled to recover against winston the sum of $5,281.57 plus interest accrued thereon, and costs. The court thereafter denied winston’s motion to vacate judgment, ruled PERS was entitled to recover attorney fees and costs, and denied winston’s claim for attorney fees. The court also granted in part and denied in part winston’s motion to tax costs. Winston appeals from the judgment and several subsequent rulings against him. PERS appeals from the partial granting of the motion to tax costs.

We conclude the trial court erred in the calculation of the money judgment by failing to offset the amount of a security deposit paid by winston against the amount of rent owing to PERS. We reverse the judgment on this ground and remand for further proceedings.

II

Facts

In 1982,…