California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 5 — Common Interest Developments, Chapter 10 — Dispute Resolution and Enforcement, Article 3 — Alternative Dispute Resolution Prerequisite to Civil Action, Section 5960

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.

Notes

Allows a court determining an attorney's fee and cost award in an enforcement action to consider whether a party reasonably refused to participate in alternative dispute resolution before the action began. The provision makes the reasonableness of that prelitigation refusal a factor in setting an otherwise available fee-and-cost award.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 5960 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-5/chapter-10/article-3/section-5960

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