FOXGATE HOMEOWNERS' ASSOCIATION, INC., Plaintiff and Respondent, v. BRAMALEA CALIFORNIA, INC., et al., Defendants and Appellants; IVAN K. STEVENSON, Objector and Appellant., 26 Cal. 4th 1

Summary

The sanctions were based in part on a report by the mediator and a declaration by plaintiff's counsel reciting statements made during the mediation session. Although such information was confidential under Cal. Civ. Proc. Code §§ 1119 and 1121, the appellate court created an exception to permit a mediator to reveal information necessary to place sanctionable conduct in context, including communications made during mediation. The appellate court concluded, however, that in this case the report relied upon by the trial court included more information than necessary. The supreme court held that there were no exceptions to the confidentiality of mediation communications or to the statutory limits on the content of mediator's reports, and the appellate court's judicially created exception was inconsistent with the language and the legislative intent of those sections. Thus the association's motion for sanctions and the trial court's consideration of the motion and attached documents ...