Steep Price for Noncompliance With Mediation Condition Precedent. The object lesson of this next case is that attention really must be paid to those mediation clauses that serve as a condition precedent before a party can initiate litigation or arbitration. In a 2004 case, the Fourth District, Division Three, put teeth into […]
Case Involves Application of CCP Section 410.42 to Mediation/Arbitration Provision in Construction Contract Before becoming Chief Justice of the California Supreme Court, Justice Cantil-Sakauye authored the opinion in Templeton Development Corporation v. Superior Court [Dick Emard Electric, Inc. Real Party in Interest], 144 Cal.App.4th 1073, 51 Cal.Rptr.3d 19 (2006). Emard, an electrical contractor, […]
Standard Form Residential Agreement Typically Provides That Prevailing Party in Litigation or Arbitration Who Refused a Request to Mediate Before Commencement of Such Proceedings is Barred From Recovering Fees Buyers sued home sellers for specific performance and lost the lawsuit. Sellers filed two motions for attorney’s fees, both of which were granted. The […]