Gentino v. Yaghoobia CA2/4

Filed 10/12/23 Gentino v. Yaghoobia CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

ROBERT GENTINO, TRUSTEE OF B321102 THE BN FAMILY TRUST DATED JUNE 5, 2020, (Los Angeles County Super. Ct. No. BC706408) Plaintiff and Respondent,

v.

BIZHAN YAGHOOBIA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Barbara M. Scheper, Judge. Affirmed. Law Offices of Frank A. Weiser and Frank A. Weiser for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION Defendant appeals from the trial court’s order denying his motion for attorney fees under Code of Civil Procedure section 874.010, subdivision (a).1 We affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND Defendant Bizhan Yaghoobia owns real property located at 1901 East Carson Street in Long Beach, California (property). Plaintiff Robert Gentino, trustee of the BN Family Trust dated June 5, 2000, filed the operative third amended complaint against defendant for quiet title, conversion, accounting, and partition of the property. Plaintiff alleged he had a 50 percent ownership interest in the property. The matter proceeded to a non-jury trial. The trial court found plaintiff failed to establish an ownership interest in the property. Therefore, the court dismissed the case without prejudice. Defendant moved for an order awarding attorney fees against plaintiff under section 874.010, subdivision (a).2 After a hearing, the court denied the motion. Defendant timely filed a notice of appeal. Plaintiff did not file a respondent’s brief.

DISCUSSION Defendant argues the trial court erred in finding that he was not entitled to attorney fees. “We review the trial court’s order[] regarding