Maynard v. BTI Group, Inc

In Maynard v. BTI Group, Inc. (2013) 216 Cal.App.4th 984, the contract provided that "'All parties to this agreement agree to mediate, in good faith, any dispute prior to initiating arbitration or litigation. The prevailing party in the event of arbitration or litigation shall be entitled to costs and reasonable attorney fees.'" (Id. at p. 989.) The court held the provision for recovery of fees in "any dispute" encompassed all claims, in contract, tort, or otherwise, and was governed by Code of Civil Procedure section 1021. (Maynard, at pp. 993-994.)