Judge: Kevin C. Brazile, Case: 23STCV13175, Date: 2024-03-26 Tentative Ruling

Hearing Date: March 26, 2024

Case Name: Rafiee v. Dangoor, et al.

Case No.: 20STCV43794

Matter: Motion for Attorneys’ Fees

Moving Party: Defendants Morad Golcheh and Nahid Golcheh

Responding Party: Plaintiff Rafi Rafiee 

Notice: OK

Ruling: The Motion is granted.

Moving parties to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

On October 15, 2021, Plaintiff Rafie Rafiee filed the Second Amended Complaint (“SAC”) against Defendants Daniel Dangoor, Iman Eshaghyan, Mina Eshaghyan, Re Broker Group, Inc., Re eBroker Group Inc., Coldwell Banker Realty, Golcheh Family Trust Dated August 3, 2016 (“Trust”), Morad Golcheh, and Nahid Golcheh for (1) intentional misrepresentation, (2) negligent misrepresentation, (3) unjust enrichment, (4) conversion, (5) violation of the UCL, (6) breach of contract, (7) breach of implied contract, and (8) violation of Penal Code § 496.  Plaintiff alleges that when he purchased certain real property, Defendants promised to pay for and provide certain furniture, which Plaintiff never received.  Plaintiff also alleges that Defendants promised that Plaintiff could have his cabinets stained for only $2,000 when they knew or should have known the real cost was about $10,000.  

On December 19, 2023, the Court granted the summary judgment motion of Defendants Morad Golcheh and Nahid Golcheh.

As prevailing parties, the Golchehs now seek $37,040 in attorneys’ fees pursuant to the sales contract for the subject property.  

Plaintiff contends that there is no contractual authority for fees because his claims are pursuant to a separate oral agreement, as recognized by the Court in its September 21, 2021, demurrer ruling, and that the sales agreement (and counteroffers thereto), which contains a fee provision, does not apply.  

The Court disagrees with Plaintiff’s interpretation of its September 2021 order with respect to Dangoor.  Sure, the listing agent’s obligations are purportedly pursuant to an oral agreement, but that does not change the fact that the Golchehs are a part of the written counteroffer that includes the obligations that are the subject of this suit. 

Plaintiff also argues that the fees being requested are excessive, but the Court finds the amount sought is perfectly reasonable for parties that litigated this matter through several motions and ultimately prevailed on summary judgment.

The Motion for Attorneys’ Fees is granted.

Moving parties to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.