Rojas

Rojas v. Superior Court

Good Law
102 Cal. App. 4th 1062·126 Cal. Rptr. 2d 97
Court of Appeal of CaliforniaJanuary 15, 2003B158391California7,621 words

Opinion

Opinion

Watten, Disco & Bassett, Robert C. Risbrough, Santa Ana, for Real Parties In Interest Julie Coffin, Trustee of the 1979 Ehrlich Investment Trust and Richard Ehrlich.

Friedenthal, Cox & Herskovitz, Carlos Cabral, for Real Party In Interest Deco Construction Co.

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

LILLIE, P.J.

In this writ proceeding, we address whether the mediation privilege of Evidence Code sections 1119 and 1120 applies to raw data or "non-derivative" evidentiary material. Petitioners sought production and inspection of material produced by real parties in connection with a mediation held in prior litigation to which petitioners were not parties. The materials sought included raw data as well as a compilation of data prepared for the mediation. Pursuant to the mediation privilege of Evidence Code section 1119, the trial court held all material was protected from production. Petitioners seek a writ of mandate directing the trial court to vacate its order and enter a new and different order compelling production of the materials. We conclude the mediation privilege does…

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