Benham

*1290 Opinion

I. INTRODUCTION

This case tests the limits of a trial court’s discretionary authority to determine that there is no “prevailing party” under Civil Code section 1717. Here, a landlord brought an unlawful detainer action and sought unpaid rent. The tenant asserted she owed the landlord nothing because there were leaks in the premises. The day before the trial the tenant vacated the premises, so the case went to trial only on the landlord’s money claims. The landlord recovered 70 percent of what he claimed was owing. Nevertheless, the trial court ruled that there was no “prevailing party” for purposes of the attorney fee clause in the lease agreement.

We reverse. The result was so lopsided that, even under an abuse of discretion standard, it was unreasonable to say the landlord was not the prevailing party.

II. FACTS

Reginald de la Cuesta, the landlord, rented out a set of five suites in Laguna Hills to Esther Benham, the tenant, and her company, Suits 4 U, under a lease agreement requiring the tenant to pay $15,000 a month (later increased to about $15,800). By November 2008 the tenant had stopped making rent payments, and in mid-December 2008 the landlord had…