Setareh v. Bierer CA2/3

Filed 9/9/16 Setareh v. Bierer CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

SORAYA SETAREH et al., B267426

Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. BC453931) v.

WILLIAM BIERER, Individually and as Trustee, etc., et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County, Malcolm H. Mackey, Judge. Affirmed. Alexander Cohen and Associates, Boris Treyzon and Renata Salo for Plaintiffs and Appellants. Mark R. Weiner & Associates and Kathryn Albarian for Defendants and Respondents. _________________________

Under an agreement containing arbitration and attorney fees provisions, plaintiffs and appellants Soraya and Henry Setareh and Greenbirds Treasures, Inc. (collectively, Setareh) arbitrated a dispute with defendants and respondents William and Beverly Bierer, individually and as cotrustees of the William and Beverly Bierer Family Trust (collectively, Bierer). The arbitrator awarded damages to Setareh but ordered the parties to bear their own attorney fees and costs, even though the agreement provided that the prevailing party was entitled to fees and costs. Setareh now contends on appeal that the trial court erred by failing to correct the arbitration award to give Setareh fees and costs. We disagree and affirm the judgment. BACKGROUND Setareh, as tenant, and Bierer, as landlord, entered into a commercial lease agreement, which contained arbitration and attorney fees clauses.1 When leaks at the premises caused damage to Setareh’s rug business, Setareh, instead of submitting the matter to arbitration, filed a complaint for damages, which contained a prayer for attorney fees and costs. Over Setareh’s opposition, the trial court granted Bierer’s motion to compel arbitration. The matter was arbitrated in March 2015. Setareh’s arbitration brief requested $372,707 in damages “plus recoverable costs.” The arbitrator found in Setareh’s favor and awarded damages in the amount of $210,960, the amount at which an expert