Lange

— 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 agree on the basic relevant facts. In 2003, plaintiff Jay Lange bought a lake house from Dwight and Linda St. Peter (sellers). The sellers were represented by defendants Roxanne Schilling and Segerstrom Real Estate, Inc. Plaintiff, a real estate broker, represented himself in the transaction.

The parties utilized the standard California residential property purchase agreement (the agreement). Paragraph 22 of this agreement provides: “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…