Civil Code Disputes & Enforcement
ADR Refusal and Attorney's Fees
Chapter 10 · Dispute Resolution and Enforcement · Alternative Dispute Resolution Prerequisite to Civil Action
Text current as of 2026-07-07 · Last amended by AB 805, eff. 2014-01-01
The code says CIV §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.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
How courts have read this
Editorial summaries — not the court’s words.
- Grossman v. Park Fort Washington Ass'n 212 Cal. App. 4th 1128 · 2012 Prevailing parties recover attorney fees for pre-litigation mediation.
decided before the current text (eff. 2014-01-01, AB 805)
- Rancho Mirage Country Club Homeowners Ass'n v. Hazelbaker 2 Cal. App. 5th 252 · 2016 Mandatory HOA fee-shifting reaches suits enforcing ADR settlement agreements.
mentioned in passing
Decided under the former numbering