Rojas v. Superior Court

Opinion

CHIN, J.

We granted review in this case to consider the scope of Evidence Code section 1119, subdivision (b), 1 which provides; “No writing, as defined in Section 250, that is prepared for the purpose of, in the course of, or pursuant to, a mediation ... is admissible or subject to discovery . ...” In a divided decision, a majority of the Court of Appeal held that application of this statute is governed by the same principles that govern application of the work product privilege under Code of Civil Procedure section 2018. Applying those principles, the majority classified raw test data,…