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DE LA CUESTA v. BENHAM

No. G043788.

193 Cal.App.4th 1287 (2011)

REGINALD DE LA CUESTA, Plaintiff and Appellant, v. ESTHER BENHAM et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Three.

March 29, 2011.

Attorney(s) appearing for the Case

Jan Vozenilek for Plaintiff and Appellant.

Philip N. Friedman for Defendants and Respondents.

OPINION

SILLS, P. J.—

I. INTRODUCTION

This case tests the limits of a trial court's discretionary authority to determine that there is no "prevailing party" under Civil Code section 1717. Here, a landlord brought an unlawful detainer action and sought unpaid rent. The tenant asserted she owed the landlord nothing because there were leaks in the premises. The day...

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