Hemphill v. Wright Family, LLC
Annotate this CaseThe issue this case presented for the Supreme Court's review centered on an attorney fee provision in a lease agreement which allows the prevailing party in any action arising out of the homeowner's tenancy, the agreement, or the provisions of the Mobilehome Residency Law, to recover reasonable expenses including attorney fees and costs. Wright Family, LLC dba Roadrunner Club was a manufactured home park consisting of home sites, a golf course, common areas and a large "greenbelt" common area lawn. Don Hemphill purchased a home at the park and leased the space under a written lease agreement with Roadrunner Club. While on the lawn area near his home, Hemphill stepped into a sunken and uncovered drainage hole causing him to fall and suffer serious injuries. Hemphill sued Roadrunner Club alleging negligence and premises liability on the property in which Hemphill was a tenant under the lease agreement. Following trial, Hemphill moved for an award of attorney fees under his lease agreement with Roadrunner Club, which allowed the prevailing party to recover fees if the action arose out of, among other things, the homeowner's tenancy. The trial court denied the motion. Hemphill appealed. After review, the Court of Appeal concluded that a tenant's fall while walking across a common area lawn arose out of the homeowner's tenancy and entitled him to an award of attorney fees as the prevailing party in the action. Accordingly, the Court reversed the trial court's order denying a fee award and remanded the matter for further proceedings.
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