Second District, Division 1 Adheres to Literal Terms of Contract. Under the category “Mediation,” we have examined numerous cases involving CAR form real estate purchase contracts that interpret mediation condition precedents in literal fashion. The next case is no exception. In Yaghobyan v. Tran, Case No. B212365 (2d Dist., Div. 1 Mar. 29, […]
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
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
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 Under our category “Mediation,” we have surveyed both published and unpublished decisions that hold contracting parties must strictly comply with the terms of CAR-form real estate purchase agreement fees clauses, which require a suing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
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
Fourth District, Division 2 Extends Mediation Penalty to Nonsignatories in Unpublished Opinion.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
Who Says David Letterman Has The Only Good “Top Ten List”? Part 1 of 2: Five of the Top Ten Decisions We may not have the panache of David Lettermen, but we do offer our “Top Ten List” of 2008 attorney’s fees decisions although we have no guest star to count them off!
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
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
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.
