Nazemi

Introduction

Plaintiffs, cross-defendants and appellants Farshad Nazemi and Mahmood R. Sariaslani (plaintiffs) appeal the trial court’s award of attorney fees for trial and for appeal in favor of defendant, cross-complainant and respondent David Tseng (Tseng).

Plaintiffs contend Tseng’s request for attorney fees was untimely, insufficient evidence supported the award, and the trial court failed to apportion the fees between the contract and noncontract claims.

We reverse the award of attorney fees for trial and affirm the award of attorney fees on appeal.

Background

Plaintiffs sued defendant Tseng, lessor of premises on which Nazemi and Sariaslani did business as L.A. Eddie’s Auto Body Shop, for personal injuries and property damage sustained when part of the roof fell into the office area, injuring Sariaslani and Farhad Hamadani, Nazemi’s nephew. Also named as defendants were James Birch and James Birch Construction Company for negligent earthquake reinforcing work on the roof. Tseng cross-complained for indemnity based upon terms of the lease.

The trial court found Tseng was vicariously liable, due to Birch’s negligent roof work, to plaintiff Hamadani for his…