De Sena v. Richert CA3CA3

Filed 5/13/13 De Sena v. Richert CA3CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Nevada) ----

JO ANN M. DE SENA, C070461

Plaintiff and Appellant, (Super. Ct. No. 77395)

v.

JOSEPH RICHERT,

Defendant and Respondent.

Like spectators at a sporting event with a beach ball, some litigants manage to keep an action bouncing along in the air indefinitely. This is an appeal from the denial of a motion for legal fees incurred in the course of confirming the ruling of a mediator acting as an arbitrator, involving a settlement reached in the course of mediation of an underlying action. We shall affirm the trial court’s order denying the legal fees.

FACTUAL AND PROCEDURAL BACKGROUND

The facts of the underlying dispute between…