Romano Demands ADR

"The Board has, at every possible opportunity from an Alternative Dispute Resolution meeting in  2018 to  our current  request for virtual  mediation,    tried to reach a quick resolution"

Attached to this document are two demands from Romano's attorneys to the HOA legally demanding ADR. The HOA refused to enter ADR or any other talks aimed at settling the lawsuit by Romano against the HOA. The HOA did not comply with the Davis-Sterling act before filing their cross-complaint. 

The HOA is desperate to cure this problem because under the law refusal to participate in ADR prohibits the non-participating party from obtaining a judgment against the ADR requesting party or obtaining attorney fees from the requesting party in a subsequent lawsuit.

Read these Sections of the Davis-Sterling Act, they are self-explanatory.  See https://findhoalaw.com/ for more information.   All of these sections are important requirements in the lawsuit. Romano complied with every requirement and the HOA did not.

ALTERNATIVE DISPUTE RESOLUTION (ADR)
When ADR is Required; Prerequisite to “Enforcement Action” Neither an association nor any of its members may file an “enforcement action” (i.e., a lawsuit) in superior court unless the parties to the dispute have “endeavored” to submit their dispute to “alternative dispute resolution” (ADR) in accordance with Civil Code Section 5930. (Civ. Code § 5930(a).) […]

CIVIL CODE SECTION 5950. CERTIFICATION OF ADR EFFORTS.
(a) At the time of commencement of an enforcement action, the party commencing the action shall file with the initial pleading a certificate stating that one or more of the following conditions are satisfied: (1) Alternative dispute resolution has been completed in compliance with this article. (2) One of the other parties to the dispute […]

CIVIL CODE SECTION 5940. TIME TO COMPLETE ADR PROCESS; ADR COSTS.
(a) If the party on whom a Request for Resolution is served accepts the request, the parties shall complete the alternative dispute resolution within 90 days after the party initiating the request receives the acceptance, unless this period is extended by written stipulation signed by both parties. (b) Chapter 2 (commencing with Section 1115) of […]

CIVIL CODE SECTION 5960. ATTORNEY’S FEES IN RESPONSE TO ADR REFUSAL.
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 the commencement of the action was reasonable. (Added by Stats. 2012, Ch. 180, Sec. 2. Effective January 1, 2013. Operative January […]

CIVIL CODE SECTION 5935. REQUEST FOR RESOLUTION TO INITIATE ADR PROCESS.
(a) Any party to a dispute may initiate the process required by Section 5930 by serving on all other parties to the dispute a Request for Resolution. The Request for Resolution shall include all of the following: (1) A brief description of the dispute between the parties. (2) A request for alternative dispute resolution. (3) […]