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Berger Kahn Client Awarded Record Attorneys' Fees in Mobilehome Case LOS ANGELES, CA -- Berger Kahn's clients Cadena Creek Mobilehome Park and Mobile Community Management were awarded an unprecedented $100,000 in attorneys' fees and $8,415 in costs against two park residents. Three days after the Court announced its decision, the residents filed bankruptcy. The attorney fee award was the culmination of over five years of litigation between Zulu and his wife Chirito Ali, and the owners and manager of the Cadena Creek Mobilehome Park in Colton, CA. (Ali v. Cadena Creek Mobilehome Park, et. al., San Bernardino Superior Court Case No. SCV081764). Mr. Ali is an attorney and tenant activist. Berger Kahn principal, Arthur Grebow, who represented Cadena Creek and Mobile Community Management with his colleague Julie H. Rubin, lauded this victory: "We are very pleased that the court agreed with us that the Alis, and park residents in general, cannot take a shotgun approach to litigation. Residents' lawsuits against parkowners are not risk-free." The Alis sued Cadena Creek for unfair business practices (Bus. & Prof. Code, 17200 et seq.) and conspiracy to violate statutory duties in connection with rental agreements that they contended violated the state Mobilehome Residency Law (Civ. Code, 798 et seq.) and the City of Colton rent control ordinance. They sought restitution and injunctive relief. In their cause of action for unfair business practices, they sued on behalf of themselves and of the public at large. An arbitrator awarded the Alis the relief they sought in their individual capacities, and awarded restitution to 16 unnamed residents of the mobilehome park. On September 24, 2007, the Fourth Appellate District affirmed the individual award to the Alis but reversed the award to the unnamed plaintiffs. After the Court of Appeal issued its remittitur to the Super Court, Cadena Creek filed a motion for its attorney fees and costs for having to defend the claim made by the Alis in their representative capacity. On February 25, 2008, the Superior Court granted Cadena Creek's motion for attorneys' fees and costs in its entirety. Back |
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