Cases: Mediation

Mediation:  Landlord Entitled To Hefty Fee Award Against Tenant Because Record Established Landlord Did Attempt To Satisfy Mediation Condition Precedent Requirement

Cases: Mediation

Landlord Only Had To Reach Out To Mediate, Not Contact A Mediator To Satisfy The Condition Precedent.             In Silver Horse Equities, LLC v. Ahmad, Case Nos. B270944/B272092 (2d Dist., Div. 3 Feb. 27, 2018) (unpublished), landlord obtained an attorney’s fees award in the sum of $95,197.50 (out of a requested $166,511.22) as the prevailing […]

Mediation: Claimed Prevailing Party Under “Carve Out” Settlement Agreement Trust Dispute Failed To Satisfy Contractual Condition Precedent To Fee Recovery

Cases: Mediation

  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 Jan. 19, 2017) (unpublished), a settlement agreement was reached between parties to a trust dispute except for one “carve out” claim, which was litigated

Mediation: Cross-Complainant Protectively Filing In A Case Not Initiated By A Co-Defendant Sued By A Stranger To The Dispute Did Not Have To Satisfy Mediation Condition Precedent Under Real Estate Purchase Agreement

Cases: Mediation

  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,

Mediation/Section 1717: Defendants Improperly Denied Fees For Failing To Satisfy So-Called “Binding Mediation” Condition Precedent In Fee Clause

Cases: Mediation, Cases: Section 1717

  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 Group Special Investigation Unit, Inc., Case No. B258326 (2d Dist., Div. 7 Apr. 25, 2016) (unpublished), plaintiff lost contractual and tort claims after a jury trial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: Because Buyers Did Offer To Mediate Before Filing Suit, Subsequent Refusal To Arbitrate Did Not Lead To Fee Disqualification

Cases: Mediation

  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

Mediation/Section 1717: Side Agreement With Fees Clause Did Allow Prevailing Party To Obtain Fee Recovery Without Having To Pursue Mediation First

Cases: Mediation, Cases: Section 1717

  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

Mediation: Plaintiff Improperly Awarded Fees When Not Seeking Mediation First

Cases: Mediation

  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)

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