Legal Question in Landlord & Tenant Law in California

I went to court as a defendant and also had my counter suit. SB county requires mediation before trial. Based on the advise from their mediator, I negotiated with the plaintiff on their claim, and dismissed mine. That same day I found out that the mediator gave me incorrect advise. Can I refile my claim as a Plaintiff as a seperate case?


Asked on 10/05/10, 8:59 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

If you had an agreement that in exchange for your dismissal, you resolved the case in which you were being sued, then the cases are over -- unless you can prove coercion that overcame your free will. Since a mediation is a voluntary proceeding from which you could have walked away without doing anything, you'd likely be spinning your wheels. A mediator does not give legal advice. The mediator provides his or her opinion, and the litigants are free to consider or reject it.

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Answered on 10/10/10, 12:12 pm


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