Cases: Mediation

Mediation Clause: Fee Recovery Affirmed For Seller Where She Produced Evidence Of Not Receiving Mediation Requests

Cases: Mediation

Evidence Code Section 641 Mailing Presumption Can Be Rebutted.      In our category “Mediation,” we have seen that courts routinely enforce mediation clauses in real estate purchase contracts where the clauses are condition precedents to fee recovery. However, certain provisions are only triggered where the nonsuing party refuses mediation—which may require proof that the mediation […]

Real Estate Mediation Clauses: Fee Award To Winning Sellers Affirmed Because Sellers Did Show A Willingness To Mediate

Cases: Mediation

  Buyers' Failure to Respond to Sellers' Mediation Efforts Meant Mediation Clause Was Complied With.      We have surveyed many cases in the past that have strictly enforced CAR form mediation clauses, those provisions requiring that the parties attempt to engage in mediation before going to court in order to be qualified for an attorney's

Mediation: Defendants Beware—Cooperate In Mediation Efforts Or Be Refused Attorney’s Fees Even if You Prevail Under Real Estate CAR Form Fee Clauses

Cases: Mediation

  Second District, Division 5 Reiterates Bitter Lesson for Defendants Losing Opportunity to Recoup Fees as the Prevailing Parties.      Under our category “Mediation,” we have surveyed both published and unpublished decisions that hold contracting parties must strictly comply with the terms of CAR-form real estate purchase agreement fees clauses, which require a suing party

Civil Code Section 1717 And Mediation Clause: Real Estate Buyer Losing Fraud Case Suffers $122,100 Adverse Fee Award

Cases: Mediation, Cases: Prevailing Party, Cases: Section 1717

Second District, Division 6 Also Interprets Mediation Requirement in CAR Form Contract.      Buyers sometimes get confused over their obligations under CAR real estate form contracts, especially the ones involving an award of attorney’s fees (which clauses have been held to reach fraud/nondisclosure claims). One of the most frequent causes of confusion is the mediation

Purchase Agreement Mediation Clause: Even Nonsignatories Need To Satisfy Fee Qualification Requirement Or Risk Nonrecovery of Fees

Cases: Mediation, Cases: Section 1717

Fourth District, Division 2 Extends Mediation Penalty to Nonsignatories in Unpublished Opinion.      In our category “Cases: Mediation,” we have surveyed decisions warning all participants in a real estate transaction to satisfy a mediation requirement if it is called for as a requisite of obtaining an award of attorney’s fees under a fees clause. (Two

Trial Court Correctly Awarded Attorney’s Fees To Winning Litigant In Arbitration Even Though Mediation Was Not First Attempted

Cases: Mediation

  Second District, Division Three Affirms Fee Award Because Contractual Fee Provision Did Not Absolutely Bar Recovery For a Failure to Mediate.      In past posts of May 30, 2008 on Lange v. Schilling and June 13, 2008 on Casillas v. Westhaven, LLC, we discussed California Association of Realtors (CAR) real estate purchase agreement forms

Attorney’s Fees Are Not Recoverable Under Contract Which Has Been Held Inadmissible Under Mediation Confidentiality Statutory Provisions

Cases: Mediation, Cases: Section 1717

Second District So Holds in Published Decision Relating to an Inadmissible Settlement Agreement: Civil Code section 1717 Does Not Trump the Mediation Privilege.             As framed by the Second District, Division Four, the attorney’s fees portion of the case involved a question of first impression—whether attorney’s fees are recoverable under Civil Code

LATE BREAKING NEWS—Lange v. Schilling, a Mediation Condition Precedent Case On Fee Recovery, Is Published by the Third District.

Cases: Mediation, Cases: Prevailing Party

Unpublished Decision in Our May 30, 2008 Post is Now Published.             In our May 30, 2008 post, we reported on Lange v. Schilling, Case No. C055471 (3d Dist. May 28, 2008), which strictly construed the CAR purchase agreement mediation clause.  Lange closely tracked the reasoning of Justice Fybel in Frei v.

REDUX ON MEDIATION, PREVAILING PARTY, AND FEE SUBSTANTIATION PRINCIPLES IN RECENT UNPUBLISHED DECISION

Cases: Mediation, Cases: Prevailing Party, Cases: Substantiation of Reasonableness of Fees

Second District Affirms Fee Award and Review Principles We Have Previously Surveyed.         Once in a while, we all need refresher courses. That all holds true in the fee award area. The next case is just that—reviewing principles we have earlier discussed on mediation clauses, prevailing party status, and trial court review of

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