California Mediation and Arbitration

Category: Mediation: Attorney’s Fees

Construction of Mediation-Arbitration Clause/Venue/Severability: Third District Rules that California Subcontractor Refusing to Mediate in Nevada Did Not Violate Terms of Agreement Purporting to Require Mediation or Arbitration in Nevada

February 21, 2012 · Mediation: Attorney's Fees, Mediation: Severability, Mediation: Venue

  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, […]

Mediation/Attorney’s Fees: Prevailing Parties Are Barred From Recovering Attorney Fees Because They Refused to Mediate

February 20, 2012 · Mediation: Attorney's Fees

  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 […]