Is due process required in a landlord's claim for attorneys' fees?

California, United States of America


The following excerpt is from Sweeney v. Scully, B284915 (Cal. App. 2019):

Landlord asserts due process required it be given an opportunity to respond to the court's determination of the reasonable time expended before that decision became finalin other words, that after taking the matter under submission, the court was required to issue a tentative opinion and then permit additional briefing and a further hearing before finalizing its ruling. Landlord's sole legal authority for requiring this cumbersome procedure is Moore v. California Minerals etc. Corp. (1953) 115 Cal.App.2d 834, 837, which is inapposite. Moore holds a trial court must give notice and an opportunity to be heard when it sua sponte unearths a dispositive point of law. Here, in contrast, the law governing the award of attorneys' fees is well-established, and the issues the court took under submission were factual and not legal.

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