Implication Of Shared Representation Did Not Work On Mediation Conditions Precedent Requirement.
In most CAR Form Residential Sale/Purchase Agreements, parties must attempt to mediate in order to recover attorney’s fees. This provision is strictly interpreted, as enunciated in Frei v. Davey, 124 Cal.App.4th 1506, 1512 (2004.) However, there are limits, as Toranji v. Kim, Case No. G054111 (4th Dist., Div. 3 Dec. 15, 2017) (unpublished) showcases.
What happened here is that a party to a real estate contract was denied fees based on an implication she “shared” representation with other parties not agreeing to a mediation. That did not do it as far as dangling the mediation condition precedent “sword” over her. The denial of fees, on this basis, was reversed, but remanded to only order fees shared with other defendants.
Justice Fybel authored the 3-0 opinion on behalf of the Court of Appeal.
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