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Tag: Mediation Privilege

March 18, 2015

Amis v. Greenberg Traurig LLP (2015) 235 Cal.App.4th 331

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Download Publication  The Second District rejects a non-statutory exception to mediation privilege for attorney-client communications made in mediation. John Amis sued Greenberg Traurig, LLP for malpractice after he signed a settlement agreement that converted his company’s corporate liabilities into his personal liabilities. The agreement was reached in mediation over a breach of contract dispute and […]

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January 6, 2014

Optional Capital v. DAS Corp. (2014) 222 Cal.App.4th 1388

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Download Publication The Second District holds events triggered by, but not arising from, litigation are not entitled to anti-SLAPP protection or covered by the litigation privilege.  Erica Kim, Christopher Kim, and Christopher’s wife Bora Lee (“Kim”) were fiduciaries of Optional Capital, Inc., a Korean Corporation, and principals of Alexandria Investments, Inc.  DAS Corporation (DAS) was […]

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January 13, 2011

Cassel v. Superior Court (Wasserman, Comden, Casselman & Pearson, L.L.P.) (2010) 51 Cal.4th 113

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Download Publication The California Supreme Court holds that mediation confidentiality encompasses private discussions between attorney and client. Michael Cassel retained Wasserman, Comden, Casselman & Pearson, L.L.P. (WCCP) to represent him in a trademark infringement dispute over a clothing label.  Cassel sued WCCP claiming that his attorneys insisted he remain at a mediation, and pressured him […]

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December 17, 2009

Benesch v. Green, 2009 U.S. Dist. LEXIS 117641 (N.D. Cal. 2009)

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Download Publication Communications between counsel and client materially related to mediation, even if not made to the other party, are protected as confidential Fritzi Benesch sued her former attorney, Sharon Green, for legal malpractice arising from a mediated settlement with Benesch’s daughter, son-in-law, and estate planning attorney.  In the underlying case Benesch argued that the […]

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June 18, 2007

Wimsatt v. Superior Court (Kausch) (2007) 152 Cal. App. 4th 137

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Download Publication The Second District holds that mediation confidentiality protects mediation communications in the context of a legal malpractice action arising from the handling of the underlying settlement process.  Corey Kausch retained Marc Goldstein and Magaña, Cathcart & McCarthy attorney William Wimsatt to represent him in a personal injury lawsuit.    Defense counsel submitted a brief […]

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November 30, 2006

Dino v. Pelayo (2006) 145 Cal.App.4th 347

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Download Publication The First District holds that an adversary with no confidential relationship to his opponent’s attorney cannot disqualify that attorney based on confidences exchanged in mediation. Edward Suman represented Joe Dino when he sued Jess and Rose Pelayo to recover the balance of a real estate commission.  Dino acted as agent for both parties […]

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July 9, 2001

Foxgate Homeowner’s Association Inc., v. Bramalea California Inc., (2001) 26 Cal.4th 1

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 Download Publication The California Supreme Court has held that there are no exceptions to the mediation privilege of Evidence Code §§ 1119 and 1121.  Mediation communications may not be disclosed in any subsequent proceeding by the mediator or by any party to the mediation.  Conduct during mediations may be disclosed by a party, but not […]

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