Legal Question in Appeals and Writs in California

condominium law mediation (Real Estate)

condo owner agreed to pay for 1/2 cost of mediation (with condo home owners assoc.) went to sm. claims court and won reimbursement of that cost in small claims court, hoa has appealed small claims court decision - is there a chance that can i win the appeal in superior court?


Asked on 1/31/08, 9:33 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: condominium law mediation (Real Estate)

Is there a chance? Of course. But without more information there is no way I can say how good that chance might be.

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Answered on 1/31/08, 9:47 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: condominium law mediation (Real Estate)

Maybe, if you were the clear winner during the mediation and you brought the action to enforce the governing documents. Otherwise, the HOA is probably going to claim that there was no "winner" and that the parties came to some common ground concerning the dispute. The Statute only provides atty fees & costs where the action was brought to enforce the governing documents & the party bringing the action actually wins. This is usually the scenario is binding arbitration, but may not be true for mediation.

Feel Free to contact me if you would like to pursue this matter.

http://www.rpmcclurelaw.com/

Good Luck!

LEGAL NOTICE: The information presented in this e-mail should not be

construed to be formal legal advice nor the formation of a lawyer/client

relationship.

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Answered on 2/01/08, 11:56 am
Terry A. Nelson Nelson & Lawless

Re: condominium law mediation (Real Estate)

Sure. It depends on the facts and law, whether you're right and entitled to win. You already did once.

You have the right to have an attorney represent you at the appeal, as do they. If you want to do so, and the case value is worth doing so, feel free to contact me.

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Answered on 2/01/08, 12:36 pm


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