Yes, the American Rule is that in a lawsuit, each side pays its own attorney fees, unless there is a contract or statute which allows attorney fees to the prevailing party. In California, Civil Code 1717 provides that if there is a contract which says one side is entitled to recover its attorney fees, then the prevailing party is entitled to recover its attorney fees from the non-prevailing party. It makes all one-sided attorney fees clauses reciprocal.
You can ask, but the landlord does not have to agree. Even if it says only the landlord can recover attorney fees, if you win, the landlord will have to pay your attorney fees. If that is acceptable to you, then you can leave the issue alone.
If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business.
Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.
Dana Sack
Answered on Mar 17th, 2017 at 12:04 PM