Alepyan v. Adzhemyan CA2/5

Filed 2/13/24 Alepyan v. Adzhemyan CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

ZABEL ALEPYAN et al., B323610

Cross-complainants and (Los Angeles County Appellants, Super. Ct. No. 20STCV02294) v.

VARTAN ADZHEMYAN et al.,

Cross-defendants and Respondents.

APPEAL from an order of the Superior Court of Los Angeles County, Maureen Duffy-Lewis, Judge. Affirmed. Ilya Alekseyeff, for Appellants and Cross-complainants. Raymond Hovsepian, for Respondent and Cross-defendant Vartan Adzhemyan. Nemecek and Cole, Kenny C. Brooks and Daniel L. Reback, for Respondent and Cross-defendant Raymond Hovsepian.

Attorney Raymond Hovsepian, on behalf of his client Vartan Adzhemyan, filed a quiet title action against Zabel Alepyan and Artur Elizarov. The action was later dismissed by stipulation, but plaintiffs and appellants Alepyan and Elizarov brought the current malicious prosecution action against defendants and respondents Adzhemyan and Attorney 1 Hovsepian. Respondents each moved to strike the malicious prosecution action under the anti-SLAPP law (Code Civ. Pro., § 425.16), which the trial court granted because the underlying action was dismissed pursuant to settlement. We agree that appellants are unable to establish favorable termination because the underlying action was resolved by settlement. We therefore affirm. FACTUAL AND PROCEDURAL BACKGROUND Because we resolve this appeal on the element of favorable termination, we limit our factual and procedural discussion accordingly. 1. The Underlying Action Adzhemyan and Alepyan married in 2008, separated in April 2015, and divorced in 2019. During their marriage, they lived in a duplex on Harvard Street in the City of Glendale (“Harvard Property”). Adzhemyan purchased the Harvard Property in his own name in 2005 prior to marriage. In 2012, Adzhemyan defaulted on the Harvard Property, but the couple’s friend, Elizarov, purchased the property in a “short sale” in 2014. Elizarov sold the property to a non-party in 2017.