Contract Claims For Breach Of Settlement Agreement Are Not Subject To Anti-SLAPP Motion, But Fraud Claims Based On Oral Representations Are Subject To Anti-SLAPP Motion At issue in Praetorian Ins. Co. v. The Dunnon Law Firm, F066590 (5th Dist. March 3, 2014) (Hill, Gomes, Pena) (unpublished) was whether prelitigation settlement negotiations, resulting in a […]
Evidence Code Section 1119 Makes Anything Said During Mediation Inadmissible And Undiscoverable We have posted from time to time on mediation and confidentiality, noting how difficult it is to set aside a settlement agreement based on statements made during the mediation process: statements made during mediation, even to one’s own attorneys, are inadmissible. Cassel […]
Litigation Privilege Does Not Bar Breach of Contract Claim Arising From Violations Of Confidentiality Provisions Contained in a Settlement Agreement Carrie Prejean. Miss California 2009. Miss USA 2009. Donald Trump. Perez Hilton. Same-sex marriage. Compromising video. Does any of this ring a bell? Back in 2009, Carrie Prejean, a former Miss California USA, […]
"Customary Provision Allowing for the Award of Legal Fees in Any Action on a Contract" Was Missing Here This case presents a common issue: whether a prevailing party must seek fees from the arbitrator or from the trial court. Here, the issue was resolved by express, non-standard language in a settlement agreement. DeSena v. […]
Settlement Provision Conferred Limited Authority On Arbitrator to Amend Settlement Agreement to Make It Enforceable A cleverly drafted settlement provision, which had implications for the res judicata effect of an arbitration award, and for the confidentiality of mediation, is the reason this next case earns a blawg post. The underlying dispute was a […]
Enforcing Settlement Agreement Under CCP 664.6 Requires Strict Compliance With Statute The next case teaches us about the need to strictly comply with Cal. Code Civ. Proc. section 664.6 in order to enforce a settlement agreement under that provision. Hampton-Mitchell v. Mitchell, Case No. B228988 (2nd Dist. Div. 7 June 20, 2012) (Zelon, […]
Court of Appeal Concludes Binding Mediation Need Not Be An Oxymoron, Distinguishing Lindsay v. Lewandowski The trial court enforced a settlement agreement, under Cal. Code Civ. Proc. section 664.6, resulting in a binding mediation award in favor of plaintiffs. Defendant appealed, contending that it never agreed to resolve the dispute through “binding mediation”, that […]
Steep Price for Noncompliance With Mediation Condition Precedent. The object lesson of this next case is that attention really must be paid to those mediation clauses that serve as a condition precedent before a party can initiate litigation or arbitration. In a 2004 case, the Fourth District, Division Three, put teeth into […]
. . . And Confidentiality Requirement in the Agreement Also Applies, Even if Local Rules Governing Settlement Communications Do Not Apply in Federal Court Sometimes the tone of a Court’s opinion gives a good clue as to the outcome. Such was the case in Facebook, Inc. v. Pacific Northwest Software, Inc., 640 F.3d […]