FAIR v. BAKHTIARI

No. S129220.

51 Cal.Rptr.3d 871 (2006)

40 Cal.4th 189

147 P.3d 653

R. Thomas FAIR, Plaintiff, Cross-Defendant and Appellant, v. Karl E. BAKHTIARI et al., Defendants and Respondents; Stonesfair Financial Corporation, Defendant, Cross-Complainant and Respondent.

Supreme Court of California.

As Modified December 14, 2006.


Attorney(s) appearing for the Case

Howard Rice Nemerovski Canady Falk & Rabkin, Gilbert R. Serota, Curt Holbreich, San Francisco and Chandra Miller Fienen for Plaintiff, Cross-defendant and Appellant.

Shartsis, Friese & Ginsburg, Shartsis Friese, Arthur J. Shartsis, Mary Jo Shartsis, Erick C. Howard, San Francisco; Horvitz & Levy, Ellis J. Horvitz, Encino and Jon B. Eisenberg for Defendants and Respondents and for Defendant, Cross-complainant and Respondent.


CORRIGAN, J.

Documents prepared for purposes of mediation are generally inadmissible in civil proceedings. (Evid.Code, § 1119, subd. (b).) However, a signed settlement agreement reached through mediation is exempt from this general rule if it "provides that it is enforceable or binding or words to that effect." (Evid.Code, § 1123, subd. (b) (section 1123(b)).)1 This case turns, on whether the document at issue satisfies the requirements...

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