Javaheripour

Javaheripour v. Sigal CA2/4

Good Law
Court of Appeal of CaliforniaSeptember 22, 2021B304911California2,109 words

Opinion

Opinion

Currey, J.

INTRODUCTION

Plaintiff and appellant Fahimeh Javaheripour appeals from the trial court’s order granting attorneys’ fees to defendant and respondent Gene Sigal. Javaheripour contends the court erred because there was no written agreement containing a prevailing party attorneys’ fees provision. Alternatively, she contends the attorneys’ fees awarded were unreasonable. We reject both contentions and affirm. We also find the lease agreement between the parties entitles Sigal to an award of attorneys’ fees on appeal, and remand to the trial court to calculate the amount of those fees.

FACTUAL AND PROCEDURAL BACKGROUND

In 2012, Sigal leased a residential property in Malibu (the premises) owned by Javaheripour. In 2018, the parties signed a subsequent lease. Both lease agreements contained a substantially similar attorneys’ fees provision, which stated in relevant part: “In any action or proceeding arising out of this Agreement, the prevailing party between Landlord and Tenant shall be entitled to reasonable attorney[s’] fees and costs.” In 2019, Javaheripour filed an unlawful detainer complaint against Sigal seeking to evict him from the premises for alleged failure to pay rent.…

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