Wimsatt v. Superior Court

In Wimsatt v. Superior Court (2007) 152 Cal.App.4th 137, the Court held that mediation briefs and attorney e-mails written and sent in connection with mediation were protected by the mediation confidentiality statutes, even when a mediation disputant sought these materials to support a legal malpractice action against his own attorneys. (Wimsatt, supra, 152 Cal.App.4th at pp. 158-159.) In so holding we recognized, as the Supreme Court confirmed in Cassel, that there is no attorney malpractice exception to the mediation confidentiality statutes. (Wimsatt, at pp. 162-164; Cassel, supra, 51 Cal.4th at p. 133.)