Ghukassian

I.

INTRODUCTION

In July 2021, respondents Hovik and Mariet Ghukassian sued their tenants,

appellants Brent Wolfberg and Barry E. Taff, for allegedly not paying almost $30,000 in

rent and other costs during the COVID-19 pandemic. Appellants demurred on the ground

1 that the lawsuit was prematurely filed under renter protection laws enacted during the

pandemic, which did not allow the lawsuit to be filed until November 2021. In October

2021, the trial court agreed, sustained appellants’ demurrer, and dismissed the case

without prejudice to refiling the complaint a few weeks later. Appellants then sought

attorney’s fees and costs under their rental agreement’s fee-shifting provision on the

ground that they were the prevailing party in the action. The trial court denied their

request. Because the trial court correctly found that appellants were not prevailing parties

and thus not entitled to attorney’s fees, we affirm.

II.

1

FACTUAL AND PROCEDURAL BACKGROUND

The Ghukassians sued appellants for breach of contract in July 2021. The

Ghukassians alleged that appellants leased a property from them for $2,700 per month in

October 2019, but stopped paying rent in October…