Evidence Code Does Not Shield Raw, Physical Evidence from Disclosure, Even if Used During Mediation, Plaintiffs Assert

LOS ANGELES - The plaintiffs in a mold personal injury case who are seeking access to photographs and other evidence gathered by parties in the underlying construction defect case have filed an Answer Brief on Merits in the state Supreme Court, asserting that the pertinent sections of the Evidence Code do not shield raw, physical evidence used during mediation from later disclosure to other parties. Rojas v. Superior Court (Coffin), No. S111585 (Calif. Sup. Ct., Los Angeles).

The answer, filed May 16 in California's Supreme Court, is another piece of this highly publicized and avidly watched case concerning the question …