Is a plaintiff entitled to an award of attorney fees from the Court of Appeal for failing to mediate with the seller before filing a lawsuit?

California, United States of America

The following excerpt is from Lange v. Schilling, 163 Cal.App.4th 1412, 78 Cal. Rptr. 3d 356 (Cal. App. 2008):

(3) Plaintiff had a clear and simple way to retain the right to attorney fees. All he had to do was attempt to mediate with sellers before he filed suit. Instead, he filed first and offered mediation later. Paragraph 17A bars recovery of any attorney fees by a prevailing party who does not first attempt mediation. (See Frei v. Davey, supra, 124 Cal.App.4th at p. 1517.) This provision "means what it says and will be enforced." (Id. at p. 1508.) The fee award must be reversed.

[163 Cal.App.4th 1419]

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