Janice and Jennifer are sisters. Janice sued Jennifer and Laura, Jennifer’s business partner for recovery of property with damages. The complaint did not allege that Janice exerted earnest efforts to come to a compromise with the defendants and that such efforts failed. The judge dismissed the complaint outright for failure to comply with a condition precedent. Is the dismissal in order? (2011 BAR)
a. No, since Laura is a stranger to the sisters, Janice has no moral obligation to settle with her.
b. Yes, since court should promote amicable settlement among relatives.
c. Yes, since members of the same family, as parties to the suit, are required to exert earnest efforts to settle their disputes before coming to court.
d. No, the family council, which would ordinarily mediate the dispute, has been eliminated under the Family Code.