Gonzales v. Personal Storage, Inc

In Gonzales v. Personal Storage, Inc. (1997) 56 Cal.App.4th 464, Gonzales successfully sued the defendant storage facility for emotional distress suffered when the facility converted her personal property. Despite that success, the trial court denied Gonzales attorney fees. The Court of Appeal reversed, observing as follows: "We note that in denying Gonzales's request for attorney fees, the trial court appeared to also rely on the fact that in addition to her out-of-pocket losses Gonzales was awarded a substantial sum in tort damages for her emotional suffering. However, unlike attorney fees available under Civil Code section 1717, the attorney fees provision in Personal Storage's lease agreement is not restricted to contract actions. By its terms it applies to 'any legal action.' Agreements which contain such broad language permit the recovery of attorney fees in tort as well as contract actions. (See Xuereb v. Marcus & Millichap, Inc. (1992) 3 Cal.App.4th 1338; Honey Baked Hams, Inc. v. Dickens (1995) 37 Cal.App.4th 421, 425; Palmer v. Shawback (1993) 17 Cal.App.4th 296, 299; Lerner v. Ward (1993) 13 Cal.App.4th 155, 160-161.) Because the attorney fee clause in the lease expressly permitted recovery to either party in the event of a tort action, Gonzales cannot be denied recovery of attorney fees solely because she was successful in the tort portions of her lawsuit." (Id. at p. 480.) In short, the plaintiff explained when leasing storage space that she would be storing rare furniture, keepsakes, heirlooms, and other personal items. (Id. at p. 469.) Plaintiff sued the storage company for emotional distress when it negligently allowed another party to abscond with her property, arguing the company breached a contractual duty to protect her emotional well-being. The appellate court rejected this argument, holding that the landlord-tenant relationship between the plaintiff and the storage company did not give rise to a duty to protect plaintiff's emotional tranquility. (Id. at p. 474.)