Ghannoum v. Sevier CA2/2

California Court of Appeal Apr 7, 2021 No. B304026Unpublished

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Holding. The court affirmed an order awarding attorney fees to the defendant, holding that the plaintiffs forfeited their challenges regarding a nonsignatory party and the scope of the lease's fee provision by failing to raise them in the trial court. Furthermore, the court found the underlying tort claims arose from the lease agreement, justifying the fee award.

Issues

Whether the trial court erred in awarding attorney fees against a nonsignatory to the lease.
Whether the plaintiffs' conversion and trespass to chattel claims arose under the lease agreement for purposes of an attorney fee provision.
Whether the plaintiffs forfeited appellate review of issues not raised in the trial court.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Failure to raise specific challenges in the trial court forfeits the claim on appeal.”

“The causes of action on which defendant prevailed were claims arising under the lease. Defendant accordingly was entitled to recover her attorney fees as the prevailing party on those claims.”

Filed 4/7/21 Ghannoum v. Sevier CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

SAMIR GHANNOUM et al., B304026

Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. EC064044) v.

JULIA K. SEVIER,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, William D. Stewart, Judge. Affirmed. Law Office of Zulu Ali & Associates and Donovan Fleming for Plaintiffs and Appellants. Anthony A. Sears for Defendant and Respondent.

Plaintiffs and appellants Samir Ghannoum (Samir) and Mohamed Ghannoum (Mohamed)1 (collectively, plaintiffs) appeal from a post-judgment order awarding defendant and respondent Julia K. Sevier (defendant) $93,913.85 in attorney fees following a jury trial and entry of judgment in defendant’s favor on all of plaintiffs’ causes of action. We affirm the attorney fees order.

BACKGROUND On March 9, 2012, defendant and Mohamed signed a residential lease agreement (the lease) for a room in a house owned by plaintiffs. Paragraph 37 of the lease contained a mediation provision, under which the parties agreed to “mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to court action. . . . If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action.” Paragraph 38 of the lease provided that, subject to paragraph 37, the prevailing party in any action “shall be entitled to reasonable attorney fees and costs.” Pursuant to the lease mediation provisions, plaintiffs sent a written demand for mediation to defendant on April 2, 2015. Plaintiffs’ demand was sent by mail to an address in Virginia and stated that plaintiffs would file an action for conversion and trespass to chattels if defendant refused to mediate or failed to

Ghannoum v. Sevier CA2/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

JULIA K. SEVIER,

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