Eldridge v. Village Trailer Park, Inc. CA2/3

Filed 9/10/15 Eldridge v. Village Trailer Park, Inc. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

CATHERINE ELDRIDGE, B252841

Plaintiff, Cross-defendant and (Los Angeles County Respondent, Super. Ct. No. BC465320)

v.

VILLAGE TRAILER PARK, INC., et al.,

Defendants, Cross-complainants and Appellants.

APPEAL from an order of the Superior Court of Los Angeles County, Cesar C. Sarmiento, Judge. Reversed. Horvitz & Levy, David M. Axelrad, Felix Shafir; McKenna, Long & Aldridge, David R. Krause-Leemon and Michelle K. Sugihara for Defendants, Cross-complainants and Appellants. Campbell & Farahani, Frances M. Campbell and Nima Farahani for Plaintiff, Cross-defendant and Respondent. _________________________

INTRODUCTION Defendants Village Trailer Park, Inc., Village Trailer Park LLC, and Marc Luzzatto (together, defendants) appeal from the post-judgment order awarding attorney’s fees to Catherine Eldridge, the prevailing party in a declaratory relief action concerning a dispute over the terms of a settlement agreement between the parties in an earlier lawsuit. (Civ. Code, § 1717, subd. (a).)1 We hold that the award of attorney’s fees was error because, as a matter of law, the settlement agreement sued on did not authorize an award of attorney’s fees. Although Eldridge’s lease did contain an attorney’s fee clause, she did not sue for breach of her lease. Accordingly, we reverse the order. FACTUAL AND PROCEDURAL BACKGROUND 1. Eldridge’s lawsuit against defendants Eldridge is a tenant in the Village Trailer Park (the park), a mobile home park located in the City of Santa Monica and owned by defendants. She entered into a 60- month lease commencing February 1, 1999. The lease included in paragraph 33 a provision for the recovery of attorney’s fees by the prevailing party “incurred in the event of litigation between us.” Eldridge was a plaintiff, along with numerous other park residents, in an action alleging Village Trailer Park, Inc. failed to maintain electrical, water, sewage, gas, and other facilities in the park. (McNama v. Village Trailer Park, Inc. (Super. Ct. L.A. County, 2003, No. SC062254).) That action was resolved in 2003 by a settlement, much of which was placed on the record in the trial court. (The McNama settlement.) Portions of the oral part of the McNama settlement concerned Eldridge only. In 2011, Eldridge filed the instant action seeking declaratory and injunctive relief because of concerns that defendants planned to develop the park and evict her. She sought “declaratory relief regarding her rights under [the] 2003 Settlement Agreement entered into in the case of McNama v. Village Trailer Park, Inc.” (Italics added.) In particular, Eldridge’s complaint requested a declaration, based on the oral portion of the