$107,098.25 In Ordered Fees Went POOF! Hsiao v. Lin, Case Nos. B271296/B272366 (2d Dist., Div. 8 Apr. 4, 2017) (unpublished) may actually be an appeal involving social justice. Seller of a residential property did not sign the contract; her adult signed it in her name, which led to a litigation donnybrook on whether […]
Party Failed To Show He Participated In Upfront Good Faith Settlement Discussions Or Mediation After Entry Into The Settlement Agreement. In Harris v. Bonander, Case No. F071886 (5th Dist. Jan. 19, 2017) (unpublished), a settlement agreement was reached between parties to a trust dispute except for one “carve out” claim, which was litigated
Unique Procedural Posture Of The Case Drove The End Result. Under our heading “Mediation,” we have posted on numerous cases which hold that parties must strictly comply with a mediation condition precedent under a real estate purchase agreement in order to be qualified for an attorney’s fees award in subsequent litigation/arbitration proceedings. (See,
Also, Two Defendants Entitled To Fee Recovery Based On Alter Ego Allegations And Plaintiff’s Failure To Ever Dismiss/Abandon The Theory. In Kern Health Systems v. Allied Mgt. Group Special Investigation Unit, Inc., Case No. B258326 (2d Dist., Div. 7 Apr. 25, 2016) (unpublished), plaintiff lost contractual and tort claims after a jury trial
Mediation Fee Condition Precedent Satisfied in this Case. For those following our blog, our category “Mediation” has many cases discussing California Association of Realtors (CAR) form California Residential Purchase Agreements having some conditions precedent to attorney’s fees recovery, with the big one being that the buyer or seller must agree to mediation before
When there is a mediation condition precedent in a real estate contract, abide by it — or else! Brown v. Modaffari, Case No. G047443 (4th Dist., Div. 3 Nov. 26, 2013) (unpublished), a 3-0 decision authored by Justice Aronson, yet again reinforces this point. A litigant was denied fees under a real estate
Unlike Other Situations, Side Agreement Was Not Integrated With Stock Purchase Agreement Requiring Mediation First, Resulting in $162,983.81 Fee Recovery to Prevailing Party Under Side Agreement. In many cases we have posted on, Civil Code section 1717 worked to deny a fee recovery because several agreements were part of an integrated transaction, and
However, Plaintiff Was Entitled to “Defensive Fees” for Prevailing on Defendants’ Cross-Complaint. You might say that this was a “split” decision in the area of CAR form contracts containing a mediation condition precedent to any fee recovery. In Darton v. Park Vasona Gas, Inc., Case No. H037499 (6th Dist. Feb. 14, 2013)
$73,125 Fee Award Went POOF!, But Not Because of a Merits Reversal. Tenant must have been feeling good at the trial court level, even though the dispute involved of all things a to-do about a $16,990 security deposit. After landlord commenced an unlawful detainer, the parties stipulated to a judgment (without a fees
You Be The Judge, Recent California Real Property Journal Article Adds More Swill to the Controversy. Okay, folks, there always has been a controversy on the added effectiveness (or expense) associated with ADR alternatives, primarily mediation and arbitration. We can report that even more gas has been added to the fire of this
