Abdalla v. Hojabri
A contract for the purchase and sale of residential property contained a mediation clause. Under the contract, a request for mediation before the commencement of litigation was a condition precedent to the recovery of attorney fees. The buyer of the property filed a lawsuit without first seeking mediation, but promptly dismissed the action and sought mediation for several months. The seller refused the buyers repeated mediation requests, and the buyer then filed a second action in which he was the prevailing party. Court hold the mediation clause does not bar the buyer from recovering attorney fees incurred in prosecuting the second lawsuit, and the trial court erred in refusing to award fees on that ground.
Comments on Abdalla v. Hojabri