Mediation/Condition Precedent: Following Its Own Precedent, 4th Dist. Div. 3 Reminds Us To Mediate First If Mediation Is A Condition Precedent For Receiving Attorney’s Fees

Here, The Prevailing Party Fails To Mediate, And Fails To Recover Attorney’s Fees

     In our next case, plaintiffs’ claims arose from mismanagement of their property.  They sued, and obtained a substantial recovery – but no attorney’s fees.  Why?  Because mediation was a precondition in their contract for the prevailing party to receive attorney’s fees, and they failed to mediate.  Following its own precedent, the Fourth District, Division Three, upheld the denial of attorney’s fees.  Brown v. Modaffari, Case No. G047443 (4th Dist. Div. 3, November 26, 2013) (unpublished); see Frei v. Davey, 124 Cal.App.4th 1506, 1508 (2004) (enforcing condition precedent in contractual attorney fee provision denying prevailing party right to recover fees if party does not attempt to mediate before suing).