When there is a mediation condition precedent in a real estate contract, abide by it — or else!
Brown v. Modaffari, Case No. G047443 (4th Dist., Div. 3 Nov. 26, 2013) (unpublished), a 3-0 decision authored by Justice Aronson, yet again reinforces this point. A litigant was denied fees under a real estate contract with a mediation condition precedent clause. Among other things, litigant appealed the denial, arguing that a letter requesting an accounting was a substitute for mediation. Wrong, gotta ask for mediation and, if not, risk losing, as the litigant not formally requesting mediation sadly learned on appeal.