Bidari
Bidari v. Kelk CA2/5
Opinion
Opinion
I. INTRODUCTION
Hamid Mirshojae appeals from the May 13, 2015 post judgment orders in Bidari v. Kelk, case no. SC 115503 (“the lawsuit”) in favor of plaintiff, Taimoor Bidari. At issue are claims involving defendant, Ahang Mirshojae, Dr. Mirshojae’s former spouse, who is also sued under the name Ahang Zarin Kelk. The postjudgment orders: denied Dr. Mirshojae’s motion to intervene in the lawsuit; denied Dr. Mirshojae’s motion to expunge the recorded pending action notices concerning the property located at 22548 Pacific Coast Highway, unit 304, Malibu, California 90265 (the “property”); and granted plaintiff’s application for sale of the property to secure payment of his judgment against Ms. Kelk. On appeal, Dr. Mirshojae does not challenge the rulings denying his motions to intervene and expunge the pending action notices. His sole contentions on appeal are the trial court lacked power to order the sale of the property in the absence of an attachment and plaintiff’s recovery should be limited to $637,826. Because Dr. Mirshojae was never made a party in the trial court, he cannot raise any issues concerning the sale or any limits on plaintiff’s recovery. We affirm the orders.