In an enforcement action in which attorney’s fees and costs may be awarded, the court, in determining the amount of the award, may consider whether a party’s refusal to participate in alternative dispute resolution before commencement of the action was reasonable.
- Civil Code Section 5975. Enforcement of Governing Documents; Attorney’s Fees.
- Civil Code Section 5950. Certification of ADR Efforts.
- Civil Code Section 5940. Time to Complete ADR Process; ADR Costs.
- Civil Code Section 5935. Request for Resolution to Initiate ADR Process.
- Civil Code Section 5930. ADR Prerequisite to Enforcement Action
- Civil Code Section 5925. “Alternative Dispute Resolution” (ADR) and “Enforcement Action” Defined.
Related Case Law
- Rancho Mirage Country Club Homeowners Association v. Hazelbaker
(2016) 2 Cal.App.5th 252
[Attorney’s Fees; ADR; Settlement Agreement] An action to enforce a settlement agreement reached between a HOA and an owner through Alternative Dispute Resolution (ADR) was held to be an action to enforce the governing documents entitling the prevailing party to an award of attorney’s fees and costs pursuant to Civ. Code § 5975.