Legal Question in Real Estate Law in California

Re: HOA and ADR requirements

Well, I think the former attorney was wrong. Of course, without knowing all the particulars, I cannot be certain, but let me mention the following:

(1) There is a strong public policy favoring alternative dispute resolution (ADR);

(2) There is a strong public policy favoring binding arbitration and supporting the enforcement of arbitration awards;

(3) There are statutes allowing a defendant to demand that a lasuit be placed on hold until an arbitration proceeding is conducted, if the parties have so agreed in a contract.

(4) Therefore, no public policy favors filing a suit in state court if an arbitration agreement exists; or, for that matter, if the parties have agreed to mediate prior to suit.

I assume you are the in pro. per. party, rather than the party that filed the demurrer. Again, I can't be 100% sure of my advice, not being privy to all the facts, but my strong hunch is that the lawyer advised you wrongly, and that you will lose the demurrer.

You should read the demurrer very carefully, and decide whether valid grounds exist to oppose it. This is one of the huge problems of being self-represented. Opposing a demurrer requires the ability to argue against all the legal points raised by the opposing attorney. How is a self-represented person gonna do that? It's like lining up against the Pittsburgh Steelers offensive line with no experience as a defensive lineman. You'll get creamed.