Cases: Mediation

Mediation/Reasonableness Of Fees: Defendants’ Refusal To Mediate Satisfied CAR Contract Mediation Provision/Wife Held Liable For Fees Incurred To LIft Stay In Husband’s Bankruptcy And In Demurring To His Subsequent State Court Cross-Complaint

Cases: Mediation, Cases: Reasonableness of Fees

Frei v. Davey Controlled.      Judge Ikola, in a 3-0 opinion in Aaron v. Faraj, Case No. G046457 (4th Dist., Div. 3 Sept. 6, 2012) (unpublished), dealt with a defendant wife’s claims that she was improperly assessed with attorney’s fees because (1) plaintiff did not satisfy the mediation condition precedent to fee recovery contained in […]

Mediation: Cross-Complainant Commencing Cross-Complaint Without Attempting Mediation First Disqualified From Seeking Fees Under CAR Form Listing Agreement

Cases: Mediation

  Cross-Complaint Was A Separate, Simultaneous Action Subject to Mediation Condition Precedent.      As it now stands, a litigant subject to a CAR form contract often faces an attorney’s fees clause requiring mediation first except for certain situations (lis pendens action, unlawful detainer, and a few others). Obviously, this restriction applies to a litigant commencing

Appealability/Mediation: Because Promissory Note With Fees Clause Had No Contractual Mediation Condition Precedent, So No Mediation Had To Be Held Before Commencement Of Suit

Cases: Appealability, Cases: Mediation

  Fees Not Based on Listing Agreement With Mediation Clause Affirmed on Appeal.      Sometimes it all depends on the contractual agreement under which you are awarded attorney’s fees.      We have done some recent posts on the mediation condition precedent which can disqualify fee recovery depending on whether it is not pursued before commencement

Mediation: Defense Claiming Fee Recovery Under CAR Form Contractual Clause Cannot Refuse Mediation Based On Plaintiff’s Initiating Suit Without Previously Requesting Mediation or Based on Plaintiff’s Purported Need For Further Discovery

Cases: Mediation

  Defense Award of Fees Is Reversed, Because Alternative Phrasing of CAR Form Clause Means Defense Must Attempt to Mediate Or Be Disqualified From Fee Recovery After Plaintiff’s Request for Mediation.      Okay, folks, in Frei v. Davey, 124 Cal.App.4th 1506 (2004), our local appellate court (authored by Justice Fybel) considered the CAR form contractual

Homeowner Associations/Mediation/Substantiation Of Fees: Homeowner Hit With Fee Recovery For Failing To Satisfy Mediation Condition Precedent In Settlement Agreement With HOA

Cases: Homeowner Associations, Cases: Mediation, Cases: Substantiation of Reasonableness of Fees

  $58,212 Was the Fee Price Tag for Noncompliance With Mediation Condition Precedent.      Usually, we see what happened in the next case occurring instead under California Association of Realtor (CAR) sale/purchase form contracts, which have attorney’s fees clauses that are conditioned upon one or both parties attempting to mediate a dispute before resorting to

Mediation: Third District Decides That "Mediation Condition Precedent" Clause In Real Estate Contract Only Applies To Party Commencing An Action

Cases: Fee Clause Interpretation, Cases: Mediation

It Does Not Apply to Someone Simply Defending An Action.      In our category "Mediation," we have explored many decisions entertaining the issue of when attorney’s fees are properly awarded under California real estate purchase agreements with attorney’s fees clauses mandating mediation as a condition precedent to fee recovery. Here is another decision on the

Mediation And 998: Sixth District Gives Us All Pointers On Compliance With Mediation Condition Precedent Contract Clauses And Formatting Of 998 Offers

Cases: Mediation, Cases: Section 998

$42,064 Fee Award and $3,583 Expert Witness Award Gets Reversed.      The nice thing about posting on unpublished decisions (and we find an overwhelming number to be well reasoned) is that they always have pointers for litigators on what and what not to do. The next lessons involve satisfying mediation condition precedent clauses for fee

Insurance: In Which the Court of Appeal Rules Insurer “Must Lie In the Bed It Made”

Cases: Allocation, Cases: Costs, Cases: Indemnity, Cases: Insurance, Cases: Mediation, Cases: Section 998, Cases: Standard of Review

Fifth District agrees the Case is “screwed up.”      The story arc of this opinion begins at a low point, and plummets.  “What the heck?I?,” begins the Court of Appeal opinion.  “At one point, the trial court commented, ‘This is one of the most screwed up cases I’ve ever seen.’  We heartily agree.”  Essex Insurance

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