Peng

Hong Sang Mkt., Inc. v. Peng

Good Law
20 Cal. App. 5th 474·229 Cal. Rptr. 3d 99
Court of Appeal of CaliforniaFebruary 13, 2018A140653; A141640California8,315 words

Opinion

lead Opinion

McGuiness, J.

*480 These appeals arise out of a commercial tenancy dispute. In one appeal, defendant and cross-complainant Vivien Peng challenges a judgment awarding damages for back-due rent to her former landlord, plaintiff and cross-defendant Hong Sang Market, Inc. (Hong Sang). Peng argues that a judgment in a prior unlawful detainer action against her, in which Hong Sang was awarded one month's back-due rent along with *481 possession of the premises, has a res judicata effect and bars any further claims for rent owed to Hong Sang.

In the other appeal, Peng challenges an order awarding attorney fees and costs to *104 Hong Sang. 1 She contends that fees incurred by Hong Sang in defending against a cross-complaint she filed are outside the scope of the parties' contractual attorney fee clause, that fees may not be awarded for work on a motion to strike the cross-complaint as a strategic lawsuit against public participation 2 (SLAPP) in light of this court's earlier decision reversing orders granting the motion and awarding statutory attorney fees, and that some fees appear to have been incurred before the effective date of the attorney fee clause or may be duplicative of fees recovered in…

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