Lange v. Schilling

Opinion

HULL, J.

— The standard California residential purchase agreement bars attorney fees for a party who commences litigation without first attempting to mediate the dispute. Plaintiff Jay Lange filed his complaint before seeking mediation but, after plaintiff prevailed at trial, the trial court nonetheless awarded him attorney fees. We agree with other courts that the agreement means what it says: plaintiff’s failure to seek mediation precludes an award of attorney fees. We therefore reverse the order.

Facts and Proceedings

We do not have the record of the underlying trial, but the parties…