24 Conn. App. 514 | Conn. App. Ct. | 1991
The plaintiffs, three tenants residing in Monterey Village, an apartment complex in Norwalk, brought a class action under the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes §§ 42-110a through 42-llOq, on behalf of some 150 tenant families residing at the complex. In their complaint, the plaintiffs alleged that the defendant owner and operator of the complex was attempting to evict them and members of their class by initiating more than twenty summary process actions on the basis of nonpayment of rent and termination of lease by lapse of time, in violation of state and local law, the United
Subsequently, the plaintiffs filed motions for attorney’s fees and costs, relying on General Statutes § 42-110g (d).
In Hernandez v. Monterey Village Associates Limited Partnership, 17 Conn. App. 421, 426, 553 A.2d 617
An examination of the record indicates that, on remand, the trial court failed to conduct a hearing and to receive evidence to determine whether the plaintiffs were entitled to receive attorney’s fees and costs under General Statutes § 42-110g (d). Instead, the trial court denied relief because there was no contractual authorization in the settlement agreement without the required evidentiary hearing. For purposes of General Statutes § 42-1 lOg (d), the plaintiffs are entitled to an evidentiary hearing regarding attorney’s fees and costs.
The judgment denying the motion for attorney’s fees and costs is reversed and the case is remanded to the trial court to conduct an evidentiary hearing to determine whether the plaintiffs should receive attorney’s fees and costs and, if so, what amount they should receive.
In this opinion the other judges concurred.
General Statutes § 42-110g (d) provides in pertinent part: “In any action brought by a person under this section, the court may award, to the plaintiff, in addition to the relief provided in this section, costs and reasonable attorneys’ fees based on the work reasonably performed by an attorney and not on the amount of the recovery. In a class action in which there is no monetary recovery, but other relief is granted on behalf of a class, the court may award, to the plaintiff, in addition to other relief provided in this section, costs and reasonable attorneys’ fees.”
In Ven Nguyen v. DaSilva, 10 Conn. App. 527, 523 A.2d 1369 (1987), the plaintiffs stipulated that their agreement was a full and final settlement of all claims, and expressly waived any claim for counsel fees. The stipulation of the plaintiffs in the present case neither contained any such agreement nor was there any waiver as in Ven Nguyen.
Johnson v. Georgia Highway Express, Inc., 488 F.2d 714, 717-19 (5th Cir. 1974), sets forth the factors to be considered by the trial court if it determines that the plaintiffs are entitled to attorney’s fees and costs.