Dilonell v. Chandler CA2/2
This case arises out of communications surrounding a potential sale of real estate. Frida Dilonell (appellant) was the prospective buyer, and Suzanne Chandler (respondent) the seller. As part of her complaint appellant filed a petition to compel arbitration based on a purported contract between the parties. The trial court denied the petition on the ground that no agreement to arbitrate existed between the parties, and entered a judgment of dismissal. Appellant then filed a motion to vacate the judgment pursuant to Code of Civil Procedure section 663, which was denied. Appellant appeals from the judgment and the trial court’s subsequent award of attorney fees in favor of respondent.
We affirm the judgment, but reverse the attorney fee award due to respondent’s refusal to engage in mediation prior to the commencement of the litigation.
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