Proffer

Plaintiff Del Cerro Mobile Estates appeals an order granting defendant Margery L. Proffer’s motion for attorney fees under Civil Code section 798.85 after Del Cerro voluntarily dismissed its lawsuit against Proffer for breach of contract and abatement of nuisance. Del Cerro contends the court should have concluded Proffer was not entitled to attorney fees on either cause of action. Del Cerro also attacks the amount of attorney fees awarded. We affirm the order.

I

Introduction

In January 1991 Del Cerro rented Proffer a homesite in its mobilehome park. Under the parties’ written rental agreement, Proffer agreed to abide by the park’s rules and regulations. The parties’ rental agreement also contained an attorney fee clause.

In January 1997 Del Cerro filed this lawsuit against Proffer. Del Cerro’s first amended complaint’s cause of action for breach of contract alleged Proffer breached her contractual obligations by violating various provisions of the park’s rules and regulations, thus entitling Del Cerro to compensatory damages. Further, Del Cerro’s first amended complaint’s cause of action for abatement of nuisance alleged those asserted violations by Proffer…