Calif. Supreme Court Finds Testing Done For Mediation Not Discoverable

SACRAMENTO - Raw mold test data and other materials produced during mediation between building owners and a contractor are not discoverable later by tenants suing over mold contamination, California's Supreme Court held July 12. Rojas v. Superior Court, No. S111585 (Calif. Sup. Ct.).

At issue was the scope of California Evidence Code section 1119, which precludes discovery of any 'writing' that is 'prepared for the purpose of, in the course of, or pursuant to, a mediation. . . .'

In August 1999, Genoveva Rojas and other residents of a 192-unit Los Angeles apartment complex sued the buildings' owner, trustee, and …