$107,098.25 In Ordered Fees Went POOF!
Hsiao v. Lin, Case Nos. B271296/B272366 (2d Dist., Div. 8 Apr. 4, 2017) (unpublished) may actually be an appeal involving social justice. Seller of a residential property did not sign the contract; her adult signed it in her name, which led to a litigation donnybrook on whether there really was a contract. Seller prevailed on summary judgment based on the statute of frauds and equal dignities rule (brush off the dust on that one, but it can be a good defense). Seller then won $107,098.25 in fees against buyer based on a contractual fees clause. Good for now, but not on appeal—fee award reversed. Seller blew off the mediation condition precedent to fee recovery but argued, aha! I am a non-signatory and not bound. No way, said the appellate court relying heavily on Leamon v. Krajkiewcz, 107 Cal.App.4th 424, 433 (2003), not buying the argument that a non-signatory prevailing on any invalidity ground could refuse to honor the mediation condition precedent.