ROJAS v. SUPERIOR COURT

No. S111585.

15 Cal.Rptr.3d 643 (2004)

93 P.3d 260

33 Cal.4th 407

Genoveva ROJAS et al., Petitioners, v. The SUPERIOR COURT of Los Angeles County, Respondent; Julie Coffin et al., Real Parties in Interest.

Supreme Court of California.

July 12, 2004.


Attorney(s) appearing for the Case

Agnew & Brusavich, Bruce M. Brusavich, Torrance, Leonor C. Gonzales, Vibhu Talwar; Lewis, Marenstein, Wicke & Sherwin, Thomas L. Hoegh, Woodland Hills; Esner & Chang, Andrew N. Chang, Oakland and Stuart B. Esner, Los Angeles, for Petitioners.

Jeff Kichaven, Los Angeles; Lascher & Lascher and Wendy Cole Lascher, Ventura, for Southern California Mediation Association as Amicus Curiae on behalf of Petitioners.

Greene, Broillet, Panish & Wheeler and Christine Spagnoli for Consumer Attorneys of California as Amicus Curiae on behalf of Petitioners.

No appearance for Respondent.

Watten, Discoe & Bassett, Watten, Discoe, Bassett & McMains, Robert C. Risbrough and Kathleen Barnett, Santa Ana, for Real Parties in Interest Julie Coffin and Richard Ehrlich.

Friedenthal, Cox & Herskovitz, Daniel R. Friedenthal, Mark H. Herskovitz, Pasadena, Carlos C. Cabral and Janette S. Bodenstein for Real Party in Interest Deco Construction Corporation.

Veatch, Carlson, Grogan & Nelson, Kevin H. Louth, Steven W. Sedach, Los Angeles, and Bernhard E. Bihr for Real Party in Interest GES Roofing.

Selman-Breitman, A. Scott Goldberg, Eldon S. Edson and Won M. Park, Los Angeles, for Real Party in Interest Haven Mechanical.

Poole & Shaffery, Charles W. Jenkins and Samuel L. Tolwin, Los Angeles, for Real Party in Interest Inland Water Proofing & Sheet Metal.

Ivan K. Stevenson, Rolling Hill Estate, for Law Office of Ivan K. Stevenson and Confidential Mediation & Dispute Resolution as Amici Curiae on behalf of Real Parties in Interest Julie Coffin, Richard Ehrlich and Deco Construction Corporation.

Dunn Koes, Pamela E. Dunn and Daniel J. Koes, Pasadena, for Association of Southern California Defense Counsel as Amicus Curiae on behalf of Real Parties in Interest.

James R. Madison, Menlo Park, and David Finch for the California Dispute Resolution Council as Amicus Curiae on behalf of Real Parties in Interest.

Law and Mediation Offices of Elizabeth E. Bader and Elizabeth E. Bader, San Francisco, for Ron Kelly and Elizabeth E. Bader as Amici Curiae.


CHIN, J.

We granted review in this case to consider the scope of Evidence Code section 1119, subdivision (b),1 which provides: "No writing, as defined in Section 250, that is prepared for the purpose of, in the course of, or pursuant to, a mediation ... is admissible or subject to discovery...." In a divided decision, a majority of the Court of Appeal held that application of this statute is governed by the same principles that govern...

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