In Morrison v. Vineyard Creek, 2011 DJDAR 4611 (2011), the California Court of Appeal for the First Appellate District overturned an award of attorney fees granted to a tenant under California’s Fair Employment and Housing Act ( FEHA).

The plaintiff signed a lease for an apartment. The lease stated that the apartment would only be used as a private residence and specifically prohibited all uses for commercial or non-residential purposes.

After taking possession of the premises, the plaintiff notified the landlord that she intended to operate a family child day care facility on the premises pursuant to the California Child Day Care Facilities Act (Act). The landlord responded to the notice, stating that operation of a day care business in the apartment would constitute a breach of the lease.

Plaintiff then sued the landlord.