State Appeals Court: Physical Evidence/Raw Data Unprotected By Mediation Confidentiality

LOS ANGELES - According to an Oct. 10 published opinion issued by California's second court of appeals, factual material in the form of physical evidence and raw data concerning a mold-contaminated apartment complex, even though gathered for the purposes of mediation, is not protected by the mediation confidentiality privilege. Genoveva Rojas, et al., petitioners, v. Los Angeles County Superior Court, respondent, and Julie Coffin, et al., real parties in interest, No. B158391 (Super. Ct. No. BC214521, Cons. with BC224568) (Ca. App. Ct., 2nd App. Dist., Div. Seven).

The majority concluded in the opinion that the mediation privilege does not apply …