Emery

BACKGROUND

A. Factual Summary 1. The Agreements In September 2012, Marchick viewed a residential property for sale on Berkley Avenue in Los Angeles, California. Emery’s realtor explained to Marchick that Emery also owned and resided at an abutting property on Berkley Circle and that Emery used a portion of the Berkley Avenue property as an extension of her backyard (the Disputed Parcel). Emery intended to keep the Disputed Parcel following any sale of the Berkley Avenue property. On September 24, 2012, Marchick used a CAR Purchase Agreement form to extend an offer to buy the Berkley Avenue property for $550,000. Paragraph 21 of the form provides for attorney fees: “In any action, proceeding, or arbitration between [b]uyer and [s]eller arising out of this [a]greement, the prevailing [b]uyer or [s]eller shall be entitled to reasonable attorney fees and costs from the non-prevailing [b]uyer or [s]eller, except as provided in paragraph 26A.” Paragraph 26 of the form governs disputes between the parties and states in relevant part in subparagraph A: “MEDIATION: Buyer and [s]eller agree to mediate any dispute

3 or claim arising between them out of this [a]greement, or any…