Ebrahimpour v. Pasco CA2/2

Filed 4/7/21 Ebrahimpour v. Pasco CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

MEHRDAD EBRAHIMPOUR et al., B303983

Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. BC559500) v.

EDWARD PASCO et al.,

Defendants and Respondents.

APPEAL from orders of the Superior Court of Los Angeles County, Stephanie M. Bowick, Judge. Affirmed. Vivoli Saccuzzo and Michael W. Vivoli for Plaintiffs and Appellants. Law Offices of Roger G. Honey and Roger G. Honey for Defendant and Respondent MGK Consulting, Inc. Retz & Aldover and Kirk J. Retz for Defendants and Respondents James Marquardt and Kevork Kahwajian.

Plaintiffs and appellants Mehrdad Ebrahimpour and Saeed Ebrahimpour (collectively, appellants) appeal from orders awarding $113,850 in attorney fees through trial to defendant and respondent MGK Consulting, Inc. (MGK), $58,250 to MGK in attorney fees on appeal, and $36,890 in attorney fees on appeal to defendants and respondents James Marquardt and Kevork Kahwajian.1 We affirm the trial court’s orders.

BACKGROUND This is the second appeal in this dispute. In the prior appeal, appellants and co-plaintiff Edward Pasco2 challenged the judgment entered against them on their individual and derivative claims for breach of fiduciary duty, judicial dissolution, and usurpation of MGK’s corporate opportunities. (Pasco v. MGK Consulting (Mar. 27, 2019, B281144) [nonpub. opn.] (Pasco).) Appellants’ derivative claims were based on their status as alleged shareholders of MGK and as members of Sherman Realty, an LLC that owns the real property on which MGK operates its business. The judgment included the trial court’s findings that appellants failed to prove they were shareholders of MGK, that Marquardt or Kahwajian stole MGK’s corporate opportunities, that Marquardt should be ousted from Sherman Realty, or that Sherman Realty should be dissolved. The judgment included attorney fees awards of $113,850 to MGK and