Garcia

Appellants seek review of the trial court’s determination to award no attorney’s fees against the respondent, who is indigent and became self-represented during this litigation. Acknowledging that they might be unable to collect any amount of such fees awarded, they nonetheless concede that they do not wish tenants who have disputes “to think that they’re free to file or defend litigation without risk of exposure to a fee award.” Using fee awards as an instrument to deny access to the courts is neither the policy of the State of California, nor the purpose of the statute in question. Indeed, California Rules of Court, rule 10.960, subdivision (b), adopted effective July 1, 2008 states: “Providing access to justice for self-represented litigants is a priority for California courts.” We remand to the trial court for reconsideration of the amount of fees consistent with these principles.

*468 FACTUAL AND PROCEDURAL BACKGROUND

Sharon Green was a member and tenant of Amar Plaza, 1 a housing cooperative for low-income tenants. She had lived there, with the assistance of a federal housing subsidy, for approximately 31 years until she was evicted in January 2007.

In February…

While I concur in the majority’s holding that the attorney’s fees award must be reversed, I respectfully dissent as to the rationale. In my view, the trial court abused its discretion in awarding no attorney’s fees based solely on Green’s indigency, and it should not consider Green’s indigency in making its award.

Civil Code section 1354, subdivision (c) (section 1354(c)), provides that “[i]n an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney’s fees and costs.” It is this statute which governs our review of the trial court’s award of no attorney’s fees.

In the construction of statutes, our primary goal is to ascertain and give effect to the intent of the Legislature. (Code Civ. Proc., § 1859; Troppman v. Valverde (2007) 40 Cal.4th 1121, 1135 [ 57 Cal.Rptr.3d 306 , 156 P.3d 328 ].) Our role “is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.” (Code Civ. Proc., § 1858; see California Fed.…

I respectfully concur in the judgment.

It appears to this concurring justice that whether one adopts the majority view articulated in the majority opinion or the view expressed by the dissent, the ultimate destination point is the same. A reversal is required. I explain with more specificity hereafter.

*478 The core issue in this appeal is whether the trial court properly exercised its discretion in ruling that the prevailing party on the merits was to receive “zero” dollars in attorneys’ fees, a ruling which is tantamount to refusing to award any attorneys’ fees, in my opinion. That determination was apparently made on the basis respondent was currently an in propria persona indigent and financially unable to pay any award of attorneys’ fees at the time the award was determined.

As the dissent observes, however, Civil Code section 1354, subdivision (c) appears to be at loggerheads with that ruling in that the Legislature has provided that upon prevailing, an award of attorneys’ fees shall be made. I agree with the dissent in maintaining that the use of the word shall in a statute generally indicates a mandatory application as stated by our high court in People v. Allen (2007)…

Adams Kessler and Mark A. O'Brien for Interveners and Appellants.

Bahar Law Office and Sarvenaz Bahar for Intervener and Respondent.

ZELON, J.—

Appellants seek review of the trial court's determination to award no attorney's fees against the respondent, who is indigent and became self-represented during this litigation. Acknowledging that they might be unable to collect any amount of such fees awarded, they nonetheless concede that they do not wish tenants who have disputes "to think that they're free to file or defend litigation without risk of exposure to a fee award." Using fee awards as an instrument to deny access to the courts is neither the policy of the State of California, nor the purpose of the statute in question. Indeed, California Rules of Court, rule 10.960, subdivision (b), adopted effective July 1, 2008 states: "Providing access to justice for self-represented litigants is a priority for California courts." We remand to the trial court for reconsideration of the amount of fees consistent with these principles.

Sharon Green was a member and tenant of Amar Plaza, [1] a housing cooperative for low-income tenants. She had lived there, with the assistance of a…