Omidvar

Wertheim, LLC v. Omidvar

Good Law
2016 Cal. App. LEXIS 809·208 Cal. Rptr. 3d 98·3 Cal. App. 5th 921
Court of Appeal of CaliforniaSeptember 29, 2016B262485California1,338 words

Opinion

Opinion

Chaney, J.

When the superior court entered judgment confirming a $672,122 arbitration award against a lender in favor of a borrower’s assignee, the lender appealed the judgment while the assignee attempted to enforce it by levying the lender’s debtors. As a result of the enforcement efforts, the debtors interpleaded several million dollars and were discharged by the court and awarded $238,615.45 in attorney fees paid out of the deposited funds.

We ultimately reversed the underlying judgment, after which the superior court released all deposited funds to the lender. The lender then moved to recoup the already-paid attorney fees from the borrower’s assignee. In support of and in opposition to the lender’s motion, each party contended the other’s litigation tactics drove up the debtors’ attorney fees. The trial court entered an order denying the lender’s motion, which the lender now appeals.

We conclude the record supports the order.

BACKGROUND

This is the latest of many appeals involving these parties. Parviz Omidvar and his relatives and companies, including Currency Corporation (collectively Currency), loaned money at high interest rates to elderly artists who owned rights to…

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