Peretz v. LEGAL AID FOUNDATION OF LA

18 Cal.Rptr.3d 863 (2004) 122 Cal.App.4th Supp. 1 Avi PERETZ, Plaintiff and Appellant,

v.

LEGAL AID FOUNDATION OF LOS ANGELES, Defendant and Respondent.

No. BV 024997. Appellate Division, Superior Court, Los Angeles County.

August 4, 2004. [864] Law Office of Allen R. King, Los Angeles, for Plaintiff and Appellant.

Legal Aid Foundation of Los Angeles, Cesar Noriega, Los Angeles, and Kenyon R. Dobberteen, for Defendant and Respondent.

OPINION AND JUDGMENT

LAGER, J.

Plaintiff and appellant Avi Peretz (Peretz) appeals from the trial court's order awarding attorney fees to defendant Kenneth Bernard (Bernard).[1]

[865] FACTUAL AND PROCEDURAL HISTORY

On April 21, 2003, Peretz filed a complaint in unlawful detainer against Bernard. According to the record, Peretz, as landlord, and Bernard, as tenant, entered into a lease agreement on February 1, 2002, for the lease of an apartment for $318.27 per month. Bernard allegedly failed to pay the rent when it was due, was served with a three-day notice to pay rent or quit, and failed to vacate following the expiration of the three-day period. Attorney fees were requested in the complaint.

On April 29, 2003, Bernard filed a general denial. On May 1, 2003, the Legal Aid Foundation of Los Angeles (LAFLA) became the attorney of record for Bernard.

A court trial took place on May 16, 2003. The trial court entered judgment for Bernard after concluding that payment was made in accordance with the lease.

On June 16, 2003, Bernard filed a motion for attorney fees pursuant to his lease. Peretz argued in his opposition that because LAFLA is funded by the Legal Services Corporation (LSC), it is precluded under federal law from receiving the requested award.