Gabriel

The City of Santa Monica, on behalf of the People of the State of California, filed this civil action against defendant Isaac Gabriel, a landlord, under Business and Professions Code section 17200 et seq. It alleged Gabriel sexually harassed a tenant, entered tenants’ units without permission, and rented uninhabitable space as living quarters. After a trial to the court, Gabriel was enjoined from having direct contact with tenants for five years, assessed a civil penalty, and ordered to pay plaintiff’s attorney fees. On appeal, Gabriel contends sexual harassment is not a business practice, the trial court erred in admitting evidence of past bad acts, and no authority supports the award of attorney fees.

We reverse the attorney fees award but otherwise affirm.

BACKGROUND

Gabriel bought two multiunit residential properties in Santa Monica in 1995. In 1998 he was convicted for unlawfully taking a tenant’s personal property and changing the locks. He was ordered to perform 100 hours of community service. In 2004, a civil judgment in the amount of $81,690 plus attorney fees was obtained by tenants against him for illegal rent collection. In 2006, the City of Santa Monica,…