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CALIFORNIA CORPORATE & SECURITIES LAW

California Law Revision Commission Mulls Recommending Exception To Mediation Privilege

In This Evidentiary Privilege May Stop At The Border, I noted that Section 1119 of the California Evidence Code establishes a broad mediation privilege: No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation is admissible or subject to…

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This Evidentiary Privilege May Stop At The Border

Unlike other states, California’s rules of evidence are found in statutes, not court rules.  This is not simply a legal curiosity.  The statutory basis of California’s “rules” of evidence have real world implications. The California Evidence Code begins with the underlying premise that disclosure is required. Thus, no person has a privilege unless otherwise provided…

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