Emails Showed No Refusal To Mediate.
In GMG Development LLC v. Riddell, Case No. B350616 (2d Dist., Div. 1 July 27, 2026) (unpublished), the prevailing party in a real estate dispute with a condition precedent mediation clause moved for $31,320 in attorney’s fees and $1,870.23 in costs. That motion was granted in full. On appeal, the non-prevailing party challenged those determinations, principally arguing that the opponent refused to mediate. However, emails established that was not the case—with a responsive email stating that the prevailing party would await a response to an email first on certain positions and would then decide on whether mediation would be beneficial based on the response. That was substantial evidence to show there was no refusal to mediate, for appellate purposes.