Except as otherwise provided in this chapter:
(a)No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation is admissible or subject to discovery, and disclosure of the evidence shall not be compelled, in any arbitration, administrative adjudication, civil action, or other noncriminal proceeding in which, pursuant to law, testimony can be compelled to be given.
(b)No writing, as defined in Section 250, that is prepared for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation, is admissible or subject to discovery, and disclosure of the writing shall not be compelled, in any arbitration, administrative adjudication, civil action, or other noncriminal proceeding in which, pursuant to law, testimony can be compelled to be given.
(c)All communications, negotiations, or settlement discussions by and between participants in the course of a mediation or a mediation consultation shall remain confidential.
Notes of Decisions
Provost v. Regents of Univ. of California, 201 Cal. App. 4th 1289 (Cal. Ct. App. 2011).
· cites it 3× “(Evid. Code, § 1119, subd. (a).) Evidence Code section 1119 provides “[n]o evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation is admissible or subject to discovery, and disclosure of the…”
Wimsatt v. Superior Court, 32 A.L.R. 6th 741 (Cal. Ct. App. 2007).
· cites it 4× “(Evid. Code, § 1119.) Section 1119 also makes such evidence not subject to discovery.”
Woolsey v. Woolsey, 220 Cal. App. 4th 881 (Cal. Ct. App. 2013).
· cites it 4× “Mediation Confidentiality Evidence Code section 1119, subdivision (a), provides: ―No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation is admissible or subject to discovery, and…”
Folb v. Motion Picture Indus. Pension & Health Plans, 16 F. Supp. 2d 1164 (C.D. Cal. 1998).
· cites it 4× “408 and CAL. Evid. Code § 1119. Likewise, Hadsell & Stormer refused to produce either the mediation brief or documents relating to settlement negotiations with the Plans on behalf of Vasquez.”
Fair v. Bakhtiari, 147 P.3d 653 (Cal. 2006).
· cites it 2× “(Evid.Code, § 1119, subd. (b).) However, a signed settlement agreement reached through mediation is exempt from this general rule if it "provides that it is enforceable or binding or words to that effect.”
Wimsatt v. Superior Court, 61 Cal. Rptr. 3d 200 (Cal. Ct. App. 2007).
· cites it 3× “Evidence Code section 1119 provides: "Except as otherwise provided in this chapter: "(a) No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation is admissible or subject to discovery, and…”
Babasa v. LensCrafters, Inc., 498 F.3d 972 (9th Cir. 2007).
“See Cal. Evid.Code § 1119 (2006). LensCrafters asserts that the Bruinsma letter falls within the scope of this privilege and, as a result, statements in the letter relating to the amount in controversy could not be used to support removal to federal court.”
Cassel v. Superior Court, 244 P.3d 1080 (Cal. 2011).
“” (Evid. Code, § 1119, subds. (a), (b).) 1 “All communications, *118 negotiations, or settlement discussions by and between participants in the course of a mediation .”
Campagnone v. Enjoyable Pools & Spas Serv. & Repairs, Inc., 163 Cal. App. 4th 566 (Cal. Ct. App. 2008).
· cites it 3× “” Consequently, “[n]o evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation is admissible or subject to discovery, and disclosure of the evidence shall not be compelled, in any arbitration,…”
Kullar v. Foot Locker Retail, Inc., 14 Wage & Hour Cas.2d (BNA) 1719 (Cal. Ct. App. 2008).
“9 Evidence Code section 1119 provides as follows: “Except as otherwise provided in this chapter: [ft] (a) No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation is admissible or subject to…”
— Cal. Evidence Code § 1119(b) — 1 case
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