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Dispute Resolution Keyed to Menkel-Meadow, 3rd Ed.
Foxgate Homeowners’ Association, Inc. v. Bramalea California, Inc.
Citation:
26 Cal. 4th 1, 108 Cal. Rptr. 2d 642, 25 P. 3d 1117Facts
The underlying litigation was a construction defects action brought by a homeowners association against developers and subcontractors. The court appointed Judge Peter Smith as both mediator and special master with authority to preside over mediation conferences and rule on discovery motions. During the first day of a scheduled five-day mediation session in September 1997, Bramalea’s attorney, Ivan Stevenson, arrived late and without expert witnesses, despite the purpose of the session being for experts to interact. The mediator canceled subsequent sessions and filed a report with the court describing Stevenson’s conduct as “obstructive bad faith tactics.” Plaintiff filed a motion for sanctions, attaching the mediator’s report and a declaration describing communications during the mediation. After an initial denial without prejudice, the court granted a second sanctions motion in May 1998, by which time new mediation confidentiality statutes (Evidence Code §§ 1119 and 1121) had taken effect.
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