Trial court’s holding that the Rent Stabilization and Eviction for Good Cause Ordinance (RSO), adopted by the citizens of the City of East Palo Alto, permitted recovery of attorney fees by a landlord in successful litigation against the city is reversed as the intent of the electorate was that section 15.A.5 of the RSO authorize the recovery of attorney fees only in civil proceedings between landlords and tenants to enforce their respective rights under the RSO, and no other provision of the RSO provides for an award of fees against the city. 

Read Woodlands Park Mgmt., LLC. v. City of E. Palo Alto Rent Stabilization Bd., No. A124154 [HTML]

Read Woodlands Park Mgmt., LLC. v. City of E. Palo Alto Rent Stabilization Bd., No. A124154 [PDF]

Filed February 1, 2010

Judges

Opinion by Judge Bruiniers

CounselFor Appellant:  Vincent Ewing, City Attorney, Rafael E. Alvarado, Jr., Assistant City Attorney; Jarvis Fay Doporto & Gibson, Julie M. Randolph, Andrea J. Saltzman, Rick W. Jarvis

For Appellee:   Ellman Burke Hoffman & Johnson, Christine W. Griffith, Ivo Keller; Zacks Utrecht & Leadbetter, Andrew M. Zacks, Paul F. Utrecht

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