Shapiro

Wilshire-Doheny Associates, Ltd. v. Shapiro

Caution
100 Cal. Rptr. 2d 478·2000 Cal. App. LEXIS 767·2000 Daily Journal DAR 10719·83 Cal. App. 4th 1380·2000 Cal. Daily Op. Serv. 8107
Court of Appeal of CaliforniaSeptember 29, 2000No. B135292California6,253 words

Opinion

Lead Opinion

Spencer, J.

*1383 Opinion

Introduction

Appellants Stanley Shapiro and Jeffrey R. Matsen appeal from a judgment denying appellants attorney’s fees on the cross-complaint by respondents Wilshire-Doheny Associates, Ltd., and Daishin U.S.A. Co., Ltd. We reverse that portion of the judgment.

Factual and Procedural Background

Daishin Kyouritsu, Ltd., is a Japanese company (hereinafter Daishin Japan). In 1989, it incorporated a wholly owned subsidiary in Hawaii, respondent Daishin U.S.A. Co., Ltd. (Daishin USA). Kenshi Shishido (Shishido) was president of both Daishin Japan and Daishin USA.

Daishin USA and Shishido created respondent Wilshire-Doheny Associates, Ltd. (WDA) in 1989 to acquire a commercial office building (the Building) at Wilshire Boulevard and Doheny Drive in Beverly Hills. Daishin USA also created Wilshire-Doheny Investment Corporation (WDIC) to operate and manage the building. WDIC became a 15 percent owner of WDA, while Daishin USA owned the other 85 percent.

Kazuya Shinoda (Shinoda) was made chief executive and financial officer of WDIC. Shinoda also served as an intermediary between Shishido and those with whom he did business in the United States, since Shishido did not…

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