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 In GMG Development LLC v. Riddell, Case No. B350616 (2d Dist., Div. 1 July 27, 2026) (unpublished), the prevailing party in a real estate dispute with a condition precedent mediation clause moved for $31,320 in attorney’s fees and $1,870.23 in costs.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, […]
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
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 In Triad Properties v. Pini, Case No. B333958 (2d Dist., Div. 6 May 28, 2025) (unpublished), the issue focused on whether a real estate contract mediation clause, where a party commencing a suit had to attempt mediation
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 In Trapp v. Maham Group, Case No. E081888 (4th Dist., Div. 2 Mar. 17, 2025) (unpublished), individual plaintiff and a trust plaintiff affiliated with the individual won specific performance suits against defendants for breaching lease and purchase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
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 In Thaunhaeuser v. TKH Zum, LLC, Case No. B321283 (2d Dist., Div. 8 Oct. 11, 2024) (unpublished), the lower court entered a $114,000 compensatory judgment against landlord and in favor of tenant under a property condition/security
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.
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 (2d Dist., Div. 4 Aug. 10, 2022) (unpublished), both the trial and appellate court were dealing with a civil litigant’s claim for prevailing party attorney’s fees recovery under a fees clause providing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
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
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
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
