Simantob

Simantob v. Akhtarzad CA2/8

Good Law
Court of Appeal of CaliforniaOctober 1, 2024B320753California6,500 words

Opinion

Opinion

Grimes, J.

facts that, if credited, would sustain a judgment against defendants for malicious prosecution. We affirm the trial court’s order.

FACTS

1. Background Facts The underlying litigation in this case began 15 years ago, in June 2009. This is Mr. Akhtarzad’s third appeal. We recite the background facts as we described them in our previous opinions, without attribution.

See 8451 Melrose Property, LLC v. Akhtarzad (May 28, 2020, B288963) [nonpub. opn.] [2020 Cal.App.Unpub. Lexis 3348;

2 In March 2008, Melrose and Mr. Akhtarzad entered into a lease for a commercial retail property at 8451 Melrose Avenue. The lease was for an 11-year term, with Mr. Akhtarzad to pay a fixed minimum annual rent of $660,000, with annual increases and other charges. The building had a front section for retail space and a two-story rear section permitted to be used as a warehouse. The lease stated Mr. Akhtarzad would use the property as a selective, first-class retail development, and would devote the entire premises to that use, “except for areas reasonably required for office or storage space uses” for the business conducted in the building. The lease anticipated Mr. Akhtarzad would engage in…

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