Doe 1 v. Superior Court

Petitioners—26 Catholic priests—have asked us to stop the Los Angeles Archdiocese from disclosing written summaries made of the personnel records of numerous priests accused of sexually molesting minors. Because those summaries were prepared for purposes of an ongoing mediation process, contain admissions of liability by the Archdiocese, and reveal something about the mediation discussion, we agree that their disclosure would violate the mediation confidentiality privilege. (Evid. Code, § 1122, subd. (a)(2).) We therefore issue a writ prohibiting their release.

FACTS AND PROCEDURAL HISTORY

The Roman Catholic Archbishop of Los Angeles is the principal defendant in nearly 500 lawsuits based on allegations that various priests committed acts of childhood sexual molestation on the plaintiffs. In July 2003, Judge Peter D. Lichtman was appointed as the settlement and mediation judge. Shortly thereafter, the Archdiocese offered to prepare written summaries of its personnel and other files concerning more than 100 priests who had been identified as molesters by the Clergy Cases I plaintiffs. The summaries, which the Archdiocese called “proffers,” would allow disclosure for…