Morrison
Morrison v. Vineyard Creek L.P.
Opinion
Lead Opinion
Needham, J.
Sarah Morrison appeals from a postjudgment order denying her motion for attorney fees under Civil Code section 1942.5 and Government Code section 12989.2 after the parties had resolved their dispute by settlement. We will affirm the order.
*1257 I. Facts and Procedural History
On January 8, 2007, Morrison signed a lease and moved into an apartment at Vineyard Creek Apartments in Santa Rosa, California. The lease agreement provided on the first page, which Morrison initialed, that the apartment would “be used as a private residence and for no other purpose.” Morrison did not disclose her intention to operate a family childcare home in the apartment.
On January 22, 2007, Morrison delivered a “Notice” to respondent Vineyard Creek L.P., pursuant to Health and Safety Code section 1597.40, subdivision (d)(1) of the California Child Day Care Facilities Act (Child Day Care Act). (Health & Saf. Code, § 1596.70 et seq.) In the Notice, Morrison declared her intent to operate a family child daycare facility in her apartment beginning March 1, 2007.
Toward the end of January 2007, after passing the required home inspection, Morrison received her state license to operate a family…