Gibson

Van Slyke v. Gibson

Good Law
146 Cal. App. 4th 1296·2007 Cal. App. LEXIS 60·53 Cal. Rptr. 3d 491·2007 Cal. Daily Op. Serv. 672
Court of Appeal of CaliforniaJanuary 18, 2007B185339California1,095 words

Opinion

Opinion

Gilbert, J.

In a real estate transaction dispute, defendants file a cross-complaint against plaintiff and his real estate broker. Before trial, defendants dismiss plaintiff from their cross-complaint and the trial court severs their cross-complaint. Defendants prevail at trial. The real estate purchase agreement disallows attorney fees to a prevailing party who does not first attempt mediation before filing an action. Here, defendants are not required to seek mediation prior to recovery of their attorney fees.

Mike Van Slyke appeals an order awarding $94,974 attorney fees plus costs to Oliver E. Gibson, Jr., and Joni Ruth Gibson. We affirm.

FACTS AND PROCEDURAL HISTORY

On May 8, 2004, Van Slyke made a written offer to purchase 23 acres of undeveloped property located at 2222 Richview Road in Santa Maria, owned by the Gibsons. The offer provided for a 90-day escrow and the obtaining of financing for most of the purchase price of $875,000.

On May 10, 2004, the Gibsons made a counteroffer with an $899,000 purchase price and a 30-day escrow. The counteroffer also stated; “Upon acceptance, buyer to provide prequalification letter from lender, as well as written confirmation from…

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