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FAIRCHILD v. PARK

No. B133570.

109 Cal.Rptr.2d 442 (2001)

90 Cal.App.4th 919

Phillip FAIRCHILD et al., Plaintiffs and Appellants, v. Young S. PARK, Defendant and Appellant.

Court of Appeals of California, Second District, Division One.

July 19, 2001.

Attorney(s) appearing for the Case

Combs & Schaertel, Arthur T. Schaertel, Claremont, and William R. Lutz, Glendale, for Plaintiffs and Appellants.

Prestholt & Fidone, Brian D. Holmberg, Agoura Hills; Greines, Martin, Stein & Richland, Marc J. Poster, and Barbara W. Ravitz, Beverly Hills, for Defendant and Appellant.

MALLANO, J.

Tenants leased a single-family residence. The lease had an attorney's fees and costs provision. The landlord failed to provide a habitable dwelling. A fire resulted, destroying the tenants' personal property. At the time, the tenants were behind in their rent. This lawsuit ensued, and the tenants recovered damages for the loss of their property, and the landlord recovered the back rent.

The issue before us is whether the tenants can recover attorney...

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