Landlord Only Had To Reach Out To Mediate, Not Contact A Mediator To Satisfy The Condition Precedent.
In Silver Horse Equities, LLC v. Ahmad, Case Nos. B270944/B272092 (2d Dist., Div. 3 Feb. 27, 2018) (unpublished), landlord obtained an attorney’s fees award in the sum of $95,197.50 (out of a requested $166,511.22) as the prevailing party after a bench trial for damages under a lease with a fees clause precluding fee recovery where the prevailing party commences an action “without first attempting to resolve the matter through mediation.”
Tenant appealed, without success. Tenant’s primary argument was that the landlord had to contact a mediator to satisfy the mediation condition precedent, but that degree of compliance was rejected as not being necessary. As far as whether landlord did attempt to mediate, there was submission of a detailed email chain showing that landlord did satisfy the required condition precedent to a fee award.