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HONEY BAKED HAMS, INC. v. DICKENS

Docket No. C018102.

37 Cal.App.4th 421 (1995)

43 Cal. Rptr. 595

HONEY BAKED HAMS, INC., Plaintiff and Appellant, v. E. ROBERT DICKENS, Defendant and Respondent.

Court of Appeals of California, Third District.

August 1, 1995.

Attorney(s) appearing for the Case

COUNSEL

Karen R. Leder for Plaintiff and Appellant.

D. Robert Morris, Eisen & Johnston, Jay-Allen Eisen, Marian M. Johnston and Ann Perrin Farina for Defendant and Respondent.

OPINION

DAVIS, J.

After plaintiff Honey Baked Hams, Inc. (HBH), voluntarily dismissed its action for unlawful detainer against defendant E. Robert Dickens, the trial court awarded the defendant his attorney fees pursuant to the express terms of the commercial lease between the parties. HBH appeals from the order, claiming the defendant may not recover attorney fees because HBH voluntarily dismissed the action. HBH further contends...

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