Here, Release Of Attorneys From Malpractice Claim Resulted In Prevailing Party Status and Substantial Attorney’s Fees Award

     In Kim v. Lim, Ruger & Kim, No. B240378 (2nd Dist. Div. 4 Feb. 6, 2014) (Epstein, Willhite, Suzukawa) (unpublished), the Court of Appeal ruled that a couple, who lost a malpractice action, had unambiguously released their attorneys in a written release.   As the prevailing party, the attorneys garnered a fee award of $230,803.  For more on the bases for the fee award, see the February 6, 2014 post in the California Attorney’s Fees blawg.

     For purposes of California Mediation and Arbitration, however, the takeaway is that Plaintiffs were unable to effectively challenge the terms of the release, because the mediation privilege prevented them from introducing parol evidence of mediation discussions.  Evid. Code, section 1119.