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Dispute Resolution Keyed to Golann, 4th Ed.
Rojas v. Superior Court of Los Angeles County
Citation:
33 Cal. 4th 407 (2004)Facts
Real party Julie Coffin owned an apartment complex and sued contractors including Deco in 1996 for construction defects causing water leakage and toxic mold. A Case Management Order in July 1998 established mediation confidentiality protections pursuant to Evidence Code section 1119. During the mediation process, parties prepared defect lists, conducted air testing, took photographs, obtained witness statements, and compiled expert reports. The litigation settled through mediation in April 1999, with the settlement agreement specifically protecting consultant reports, photographs, and other materials under the CMO and Evidence Code sections 1119 and 1152. In August 1999, hundreds of tenants filed a separate action against Coffin, Deco, and others alleging the same construction defects caused health problems. Tenants served discovery requests seeking all photographs, videotapes, test data, witness statements, and expert reports from the prior mediation. The trial court ruled these materials were protected under section 1119 as writings prepared for mediation purposes and denied discovery.
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