Mix

Mix v. Tumanjan Development Corporation

Good Law
102 Cal. App. 4th 1318·126 Cal. Rptr. 2d 267
Court of Appeal of CaliforniaOctober 21, 2002B143328California2,278 words

Opinion

Opinion

Grignon, J.

In the published portion of this opinion, we hold

that an attorney representing himself or herself, who prevails in an action on a contract with an attorney fee provision, may recover reasonable attorney fees incurred for legal services of other attorneys who assist the pro se attorney in the prosecution or defense of the action, even if the assisting attorneys do not appear as attorneys of record in the action. We conclude the trial court properly awarded attorney fees. In the unpublished portion of this opinion we conclude substantial evidence supports the trial court’s finding the fees were incurred and the fees were not excessive. However, the trial court overlooked certain postjudgment attorney fees requested. We reverse and remand for a determination of those fees.

Facts and Procedural Background

In 1989, landlord Tumanjan Development Corporation (TDC) leased office space to Terence J. Mix, a personal injury attorney. The written lease agreement included an attorney fee provision: “If Tenant or Landlord shall bring any action for any relief . . . arising out of or under this Lease, including any suit by Landlord for the recovery of rent or possession of the…

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