California Court of Appeal

In a mediation matter relating to distribution of assets to the three children of the deceased, judgment is reversed where: 1) there is nothing in Evidence Code section 1123(c) requiring that an express agreement in writing permitting disclosure be contained in a settlement agreement; 2) the court erred in reading a timing requirement into section 1123(c); 3) the mediation and facilitation confidentiality agreement satisfied the exception to mediation confidentiality under section 1123(c); and 4) there was sufficient evidence before the court to establish the preliminary fact that a chart created at the mediation was a settlement agreement for purposes of section 1123(c).

Appellate Information

• Decided 08/13/2008
• Published 08/13/2008

Judges

• EPSTEIN, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Orren & Orren, Tyna Thall Orren and Lowell H. Orren, Pasadena, for Objector and Appellant.


• For Appellees:
  
• Hicks, Mims, Kaplan & Burns, Stephen L. Kaplan and Stewart S. Mims, Los Angeles, for Petitioner and Respondent Jameson Thottam., Resch Polster & Berger and Andrew V. Jablon, Los Angeles, for Petitioner and Respondent Elizabeth Thottam.