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Dispute Resolution Keyed to Folberg, 4th Ed.
Rojas v. Superior Court of Los Angeles County
Citation:
33 Cal. 4th 407 (2004)Facts
Julie Coffin, owner of an apartment complex, sued contractors and subcontractors in 1996 for construction defects that allegedly caused water leakage and toxic mold. In 1998, the court issued a case management order protecting mediation materials under Evidence Code section 1119. The parties conducted testing, documented defects, and eventually settled through mediation in April 1999. Several hundred tenants subsequently filed suit against Coffin, contractors, and others, alleging health problems from toxic mold exposure. The tenants sought discovery of materials from the prior litigation, including photographs, test data, and witness statements. The defendants objected, claiming these materials were prepared for mediation and thus protected under section 1119. The trial court ruled that materials prepared for mediation purposes were not discoverable. The Court of Appeal reversed, holding that “pure evidence” was not protected by mediation confidentiality and that derivative materials were discoverable upon a showing of good cause.
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