LAN LE VS. ASHLEY N ZIMMERMAN ET AL

SF Superior Court - Real Property / Housing Dept 501 - CUD25678543 - August 26, 2025 Hearing date: August 26, 2025 Case number: CUD25678543 Case title: LAN LE VS. ASHLEY N ZIMMERMAN ET AL Case Number: | | CUD25678543 | Case Title: | | LAN LE VS. ASHLEY N ZIMMERMAN ET AL | Court Date: | | 2025-08-26 09:30 AM | Calendar Matter: | | Notice Of Motion Re: Defendants' Motion For Attorney Fees | Rulings: | | Real Property/Housing Court Motion calendar for August 26, 2025, line 8.

Defendant's Motion for Attorney Fees is DENIED. Defendant has not cited any applicable provision of the lease authorizing attorneys fees in connection with this action. The two provisions defendant cites are specific to legal action resulting from the tenant's notice to terminate the tenancy, and the tenant's negligent failure to prevent mold or mildew infestation. In contrast, this is an unlawful detainer action based on the landlord's notice to terminate the tenancy.

While an attorney fee provision cannot be "one-way," this means only that if an attorney fee provision applies to the action, either party may enforce it in connection with that covered action. Here, there is no provision in the lease that would authorize either party to recover attorneys fees in connection with any action based on the landlord's notice to terminate, so neither party may recover fees in connection with this action. Defendant cites no authority for the proposition that they can expand the expressly stated scope of an attorney fee provision to encompass actions outside the stated scope. =(501/CFH)

Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required.

Notice of contesting a tent ative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear. | |