Toranji v. Kim CA4/3
Plaintiffs Shafar Toranji and his wife Firoozeh Arghavani (collectively plaintiffs) sued, inter alia, Clark Kim and his wife Kyoung Kim (collectively the Kims) after the plaintiffs’ efforts to purchase the Kims’ home in Newport Coast failed. Toranji, Arghavani, and Clark Kim each signed a purchase agreement which included a prevailing party attorney fees provision stating that in any action between the buyer and seller arising out of the agreement, the prevailing buyer or seller shall be entitled to reasonable attorney fees and costs against the non-prevailing buyer or seller. However, the purchase agreement further provided that a prevailing party who commenced an action without first attempting to resolve the matter through mediation, or who before commencement of an action, refused a request to mediate, would not be entitled to recover attorney fees that would otherwise have been available.
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