Dorsey v. Super. Ct.
Annotate this CaseThe small claims court dispute at issue here stems from a condominium lease, which contained a prevailing party attorney fee provision. After the superior court heard the small claims appeal, it entered judgment in favor of the tenants, Jeffrey and Rebekah Crosier, against the landlord, Michael Dorsey as trustee of the Dorsey Trust, in the principal amount of $1,560. After judgment, Crosier sought $11,497.50 in attorney fees as the prevailing parties under the attorney fee provision in the lease. Dorsey opposed the motion, asserting section 116.780(c) trumped the contractual attorney fees provision, limiting any award to $150. The superior court awarded Crosier $10,373. The issue in this case of first impression was whether Code Civ. Proc. section 116.780(c) expressly, or the policy of the statute implicitly, overrode the freedom to contract for a different amount of attorney fees. The Court of Appeal issued a writ of mandate to command the superior court to vacate its order. “Crosier sought out the small claims court procedure which is quick, inexpensive, and efficient. Having elected to utilize the advantages of the small claims procedure, Crosier must accept its disadvantages. . . . Small claims court exists so people with meritorious claims for small amounts may have those claims adjudicated without spending more on attorney fees than the claims are worth. Section 116.780(c) reflects a legislative determination that a small claims appeal should require no more than minimal attorney time. The small claims appeal procedure was intended to be integral to the legislative scheme for expeditious and cost-effective resolution of small claims. Therefore, … section 116.780(c) must be construed to override contractual attorney fee provisions and limit the attorney fee award here to $150.”
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