Darton v. Park Vasona Gas
Defendants Park Vasona Gas, Inc., Francy Amidi, and Anthony J. Ellenikiotis appeal from that part of a judgment awarding attorney fees to plaintiff Lynn Darton after plaintiff prevailed at trial in a dispute over his sale of a gas station to defendants. They contend that plaintiff was not entitled to attorney fees because he failed to propose mediation of the dispute before suing, as required by the sales contract. We agree with other courts that the contract means what it says: plaintiff’s failure to seek mediation precludes an award of attorney fees. But we agree only insofar as the prosecution of plaintiff’s complaint is concerned. Plaintiff also prevailed on a cross-complaint for breach of the sales contract brought by Park Vasona and is entitled to recover defensive attorney fees from Park Vasona. We therefore reverse the judgment and remand the matter for consideration of an award for plaintiff’s defensive attorney fees.
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