Wimsatt
Wimsatt v. Superior Court
Opinion
Opinion
Rackohn & Rackohn, Craig D. Rackohn, Westlake Village, for Real Party in Interest.
Plaintiff and real party in interest Corey Kausch (Kausch) filed this legal malpractice case against defendants and petitioners Magana, Cathcart & McCarthy and attorney William H. Wimsatt concerning legal representation rendered in a personal injury lawsuit. [1] Among other allegations, Kausch alleged Magana breached its fiduciary duty by submitting an unauthorized settlement demand to the opposing party. Kausch learned of this potentially unauthorized act from a "confidential mediation brief submitted to a mediator in the personal injury lawsuit.
Magaña seeks a writ of mandate compelling the trial court to vacate its order denying Magaña's application for a protective order and, instead, to enter an order that will protect "mediation-related" communications. Magaña contends that the following items may not be disclosed: (1) all mediation briefs; (2) e-mails sent the day before the mediation that quoted from a mediation brief; and (3) a communication made by Wimsatt to the personal injury defendants purportedly lowering Kausch's settlement demand. (Evid.Code, § 1115 et seq.)