A contentious legal battle over attorney fees has reached a pivotal conclusion in the California Court of Appeal. Plaintiff Saeid Aminpour's appeal against an order awarding attorney fees and costs to defendant Mehran Verdi was affirmed on February 7, 2023, by the Superior Court of Los Angeles County.
The complaint was initially filed by Saeid Aminpour on January 12, 2022, in the Superior Court of Los Angeles County against Mehran Verdi. The case revolved around allegations of breach of trust, fiduciary duty, and contract. On April 1, 2022, Verdi responded with a special motion to strike all causes of action under California's anti-SLAPP statute (Code of Civil Procedure section 425.16), which aims to prevent lawsuits that are intended to censor or intimidate critics by burdening them with litigation costs.
In his opposition filed on June 14, 2022, Aminpour requested $56,225 in attorney fees based on his counsel’s declaration that they had spent 86 hours opposing the motion at an hourly rate of $650. However, on July 8, 2022, the trial court granted Verdi’s motion to strike and denied Aminpour's request for attorney fees while ruling that Verdi was entitled to recover his own attorney fees and costs.
Verdi subsequently filed a motion seeking $48,790 in attorney fees and $1,574.60 in costs on September 6, 2022. His counsel provided detailed declarations accounting for the time spent on the case and attached billing records demonstrating incurred costs. Despite an offer from Verdi’s counsel to settle for $25,825 in fees and avoid further litigation expenses—an offer ignored by Aminpour—the court found the requested amounts reasonable given the work involved.
Aminpour opposed this motion on November 29, 2022, arguing that the fee amounts were excessive and unreasonable. He suggested a reasonable fee award would be $10,115 and contended that Verdi should be estopped from seeking more than $25,825 due to prior communication from defense counsel.
On December 12, 2022, after conducting a hearing on the matter, the trial court awarded Verdi $48,790 in attorney fees and $1,574.60 in costs. The court found these amounts justified given the complexity and amount of work required for such motions.
The appellate court reviewed this decision under an abuse-of-discretion standard but found no fault with the trial court’s findings or its reliance on defense counsel’s declarations over detailed billing records—a practice permitted under California law.
Representing Aminpour was John J. Gulino while Vivoli Saccuzzo along with Michael W. Vivoli represented Verdi. The case was presided over by Judge Michael L. Stern with appellate judges Kim J., Moor Acting P.J., and Lee J.* concurring.