RREEF Mgmt Co. v. Camex Prod., Inc
In RREEF Mgmt Co. v. Camex Prod., Inc., 190 Ariz. 75, 945 P.2d 386 (App. 1997), the Court held that the trial court could not award unpaid rent to the prevailing landlord in a summary FED action because the parties genuinely disputed the existence of the lease that provided for such rent, and that issue had to be resolved through a regular lawsuit. 190 Ariz. at 79, 945 P.2d at 390.
The Court then considered whether the landlord was entitled to an award of attorneys' fees, as provided in the disputed lease, in light of the mandate of section 12-1178(A) that the court enter judgment for "all charges" stated in the lease. Id.
The Court concluded that because the court could not decide the validity of the lease in the FED action, the landlord similarly could not rely on the lease for an award of fees. Id. at 79-80, 945 P.2d at 390-91.