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 […]
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 Judge Ikola, in a 3-0 opinion in Aaron v. Faraj, Case No. G046457 (4th Dist., Div. 3 Sept. 6, 2012) (unpublished), dealt with a defendant wife’s claims that she was improperly assessed with attorney’s fees because (1) plaintiff did not satisfy the mediation condition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
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
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
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
$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
However, Routine Costs Denial Was Reversed. The next case we survey teaches two lessons: (1) pay attention to mediation condition precedent clauses very closely, and (2) routine costs may be available to a prevailing party even if fee entitlement is foreclosed. In Horton v. Hamel, Case No. A128024 (1st Dist., Div. 2 Apr.
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
$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
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
