California, United States of America
The following excerpt is from Sharifpour v. Le, G047481 (Cal. App. 2014):
In Frei v. Davey, supra, 124 Cal.App.4th 1506, the buyers of property sent a mediation demand to the sellers, but the sellers did not respond. The buyers then filed a lawsuit and sent another letter offering to mediate the dispute. The sellers declined. (Id. at pp. 1509, 1513.) After the sellers prevailed in the litigation, they sought attorney fees under paragraph 22 of the purchase agreement. (Id. at pp. 1510-1511.) The appellate court held that the sellers were not entitled to attorney fees because they had refused to mediate, as required by paragraph 17A. (Id. at pp. 1513-1514, 1518.)
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