Emery v. Marchick CA2/1
Defendant Jenny Marchick appeals from an order awarding attorney fees to plaintiff Patricia Ann Emery as Trustee of the Patricia Ann Emery and John H. Snyder IV Trust (Emery) following a bench trial concerning a lot line dispute.
In 2012, Marchick offered to purchase a residential property from Emery using a California Association of Realtors’ (CAR) Residential Purchase Agreement form (Purchase Agreement). The Purchase Agreement’s attorney fee clause required the parties to attempt to mediate disputes arising out of the agreement or any resulting transaction before filing a lawsuit. As part of her counter offer, Emery required Marchick to agree to cooperate in effectuating a lot line adjustment (Cooperation Agreement). The Cooperation Agreement included a different attorney fees clause, which did not require mediation before filing suit. Marchick agreed, the parties executed the documents, and escrow closed on November 2, 2012.
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