Cases: Mediation

Costs, Mediation, Prevailing Party:  Sixth District Reverses And Remands Fee Denial For Further Proceedings Based On Erroneous “Refusal To Mediate” Decision Below

Cases: Costs, Cases: Mediation, Cases: Prevailing Party

It Found That A Putative Prevailing Party’s Reversal Of An Initial Decision to Refuse Mediation Might Entitle That Party To Fee Recovery If The Reversal Was Unequivocal In Nature; However, Costs Were Properly Denied Based On Not Filing A Timely Costs Memorandum. Evleshin v. Meyer, Case No. H051869 (6th Dist. Nov. 6, 2025) (published) involved […]

Mediation: Property Buyer Forced To Respond To Litigation By Property Seller, Filing A Cross-Complaint To Seller’s Pleading, Did Not Have To Mediate Before Obtaining Fees For Buyer’s Cross-Complaint Efforts

Cases: Mediation

Appellate Court Determined That Seller “Commenced The Action,” So Mediation Did Not Apply To Buyer’s Responsive Cross-Complaint.                In Triad Properties v. Pini, Case No. B333958 (2d Dist., Div. 6 May 28, 2025) (unpublished), the issue focused on whether a real estate contract mediation clause, where a party commencing a suit had to attempt mediation

Mediation: Lis Pendens Exception To Seeking Mediation Before Filing Suit Resulted In Reversal Of A Denial Of Attorney’s Fees As To A Prevailing Party Trust In A Real Estate Purchase Agreement Dispute

Cases: Mediation

Another Individual Plaintiff Who Prevailed Properly Denied Fees Because He Brought No Fee Motion.                In Trapp v. Maham Group, Case No. E081888 (4th Dist., Div. 2 Mar. 17, 2025) (unpublished), individual plaintiff and a trust plaintiff affiliated with the individual won specific performance suits against defendants for breaching lease and purchase agreements giving plaintiffs

Landlord/Tenant, Mediation, Reasonableness Of Fees, Section 1717: Most Of $363,696.70 Contractual Fee Award Affirmed In Landlord/Tenant Dispute

Cases: Landlord/Tenant, Cases: Mediation, Cases: Reasonableness of Fees, Cases: Section 1717

However, N.Y. Attorneys’ Time After California Counsel Retained Must Be Stricken Because He Was Not Licensed In California.                In Thaunhaeuser v. TKH Zum, LLC, Case No. B321283 (2d Dist., Div. 8 Oct. 11, 2024) (unpublished), the lower court entered a $114,000 compensatory judgment against landlord and in favor of tenant under a property condition/security

Mediation: Prevailing Parties Properly Were Awarded Contractual Attorney’s Fees Because They Did Not Violate the Prelitigation, Mediation Provision

Cases: Mediation

Fee Award Of $527,639.99 To Certain LLC Member Defendants Affirmed On Appeal.             We do have a category entitled “Mediation” on our home page, surveying opinions which have discussed prelitigation, mediation contractual provisions requiring mediation before litigation as a qualification for prevailing party fee entitlement.  We have another case to add to this category.            

Fee Clause Interpretation, Mediation: Fee Clause Allowing Only Prevailing Party Attorney’s Fees For Mediation Or Arbitration Proceedings Enforced As Written

Cases: Fee Clause Interpretation, Cases: Mediation

Fees Clause Did Not Allow For Recovery Of Fees In Litigation.             In Glass v. Whills, LLC, Case Nos. B304806 et al. (2d Dist., Div. 4 Aug. 10, 2022) (unpublished), both the trial and appellate court were dealing with a civil litigant’s claim for prevailing party attorney’s fees recovery under a fees clause providing that

Arbitration, Mediation: $38,000 Fee/Costs Award By Arbitrator To Prevailing Seller Was No Abuse Of Discretion

Cases: Arbitration, Cases: Mediation

Arbitrator’s Ruling That Seller Did Not Unreasonably Refuse Mediation Was Upheld.             Unless an arbitration agreement has language indicating that the arbitrator’s award is subject to review under a heightened standard for legal error, it will be close to impossible to reverse an arbitrator’s legal, much less factual, determinations.  Faro v. Garnero, Case No. C093870

Mediation: Lis Pendens Mediation Exception Applied Such That Buyer’s Specific Performance Filing Did Not Disqualify Buyer From Prevailing Party Attorney’s Fees

Cases: Mediation

Buyer’s Substantial Fee Award Affirmed On Appeal.             In a decision worth reading on buyer’s broker’s duties, rescission, and specific performance (with a majority and concurring/dissenting opinions), the 4/2 DCA also confronted a $776,757.88 contractual attorney’s fees award to the prevailing buyer in a real estate purchase.  Seller in Greif v. Sanin, Case Nos. E070283

Mediation: Nonprevailing Party’s Failure To Abide By Contractual Mediation Deadline Rightfully Allowed Prevailing Party To Obtain Fees Under Contractual Fee Clause

Cases: Mediation

Prevailing Party Did Try To Mediate Within The Deadline, But Nonprevailing Party Didn’t Comply.             Seller prevailed in a lawsuit against Buyer which was subject to a contractual attorney’s fees clause.  The contract between the two sides had a mediation clause requiring good faith efforts to mediate within a 45-day period.  Seller provided six options

Homeowner Associations, Mediation: $318,426 Fee Award To HOA Prevailing On Encroachment Issue Was No Abuse Of Discretion

Cases: Homeowner Associations, Cases: Mediation

Parties’ Inability To Mediate Was A Discretionary Factor To Weigh In The Fee Calculus.             HOA, in Country Glen Oak Park Homeowners Assn. v. Garrett, Case No. B303220 (2d Dist., Div. 6 July 6, 2021) (unpublished), won a case to require removal of a pool equipment encroachment by homeowners as well as $820 in compensatory

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