Plaintiff, an occupant of a mobile home, fell while walking across the common area of the mobile home park. A jury awarded plaintiff $311,899.67 to compensate him for his injuries. Following trial, plaintiff moved for an award of attorney fees under his lease agreement with the mobile home park, and the trial court denied his motion. The appellate court reversed, stating: “[W]e interpret 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 (Civil Code section 798 et seq.) to recover reasonable expenses including attorney fees and costs. We conclude 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.” (Hemphill v. Wright Family, LLC (Cal. App. Fourth Dist., Div. 1; February 25, 2015) 234 Cal.App.4th 911 [184 Cal.Rptr.3d 326].)
