Supreme Court of California

In the context of Evid. Code section 1123(b), which states that a signed settlement agreement reached through mediation is exempt from the general rule against admissibility of documents prepared for mediation if it "provides that it is enforceable or binding or words to that effect," in order to satisfy the "words to that effect" provision, a writing must directly express the parties' agreement to be bound by the document they sign.

Appellate Information

• Decided 12/14/2006
• Published 12/14/2006

Judges

• CORRIGAN, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• 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.