Triad Properties v. Pini CA2/6

FACTS

Dario Pini owned an apartment building (property) in the City of Ventura (City). In 2018, Triad Properties (Triad), a nonprofit housing corporation, learned that Pini was interested in selling the property. The property was in poor condition. The City had issued notices of housing code violations. Contract of Sale On October 15, 2018, Pini and Triad entered into a contract for the sale of the property. Paragraph 31A of the agreement provides for mediation of disputes in part as follows: “If, for any dispute or claim to which this paragraph applies, any Party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that Party shall not be entitled to recover attorney fees, even if they would otherwise be available to that Party in any such action.” Paragraph 34 of the contract provides for attorney fees as follows: “In any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorneys fees and costs from the non-prevailing Buyer or Seller, except…