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

Unpublished Decision in Our May 30, 2008 Post is Now Published.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. Davey, 124 Cal.App.4^th 1506 (2004), a Fourth District, Division Three decision.

            On June 16, 2008, the Third District ordered that the Lange decision be published.  This means it is citable and adds to the jurisprudence that indicates mediation clauses “mean what they say” and must be rigorously followed as a condition to obtaining fee recovery under certain real estate purchase disputes.