CA Real Estate

California Real Estate Law Questions? Get Answers Online Now.

Ask a Lawyer,
Get an Answer ASAP!

Confidentiality agreements: In a mediation all parties are…

Customer Question
Confidentiality agreements: In a mediation...
Confidentiality agreements: In a mediation all parties are supposed to sign the confidentiality agreement. There are two respondent corporations and one complainant (myself, a natural person). I signed the confidentiality agreement. A newly hired clerk
and an attorney for one of the respondent corporations signed, but the owner (who was named in the complaint) did not. A board member for the other respondent corporation signed, but the president did not. NOTE: The owner and the president initiated and promoted
the actions that resulted in this mediation. They are the most involved of all, and because of their positions, have access to everything about the mediation. But they did not sign. Are they bound by confidentiality when the corporate officers who are legally
allowed to sign contracts (i.e., the President or the Secretary) do not sign, and following up on that, the owner didn't sign either? Under these circumstances, is this confidentiality agreement enforceable?
Submitted: 3 years ago.Category: CA Real Estate
Show More
Show Less
Ask Your Own CA Real Estate Question
Answered in 4 minutes by:
5/31/2015
Lawyer: CalAttorney2, Attorney replied 3 years ago
CalAttorney2
CalAttorney2, Attorney
Category: CA Real Estate
Satisfied Customers: 10,244
Experience: I have experience representing HOAs, homeowners, businesses, and other individuals in real estate matters.
Verified
While I have not read the confidentiality contract (interpretation of specific legal documents is somewhat outside the scope of this "Q&A" forum), in general, the corporate entity would be bound by the terms of the confidentiality agreement for purposes of the mediation/settlement.In most cases, if you were to go to enforce these clauses, a court would look at the terms of the agreement and the intent of the parties - it would be unreasonable to permit a corporate party a right to evade a confidentiality clause by expecting each employee (or even each officer/director) to sign the agreement.Bot***** *****ne: I would expect your agreement to be enforceable against both corporations.I can tell you with great certainty that for purposes of the California Evidence Code, all of your communications during the course of mediation are going to be privileged (they cannot be introduced in any future administrative or civil proceedings as evidence).
Ask Your Own CA Real Estate Question
Customer reply replied 3 years ago
"cannot be introduced in any future administrative or civil proceedings"
If you believe that a mediator has substantially deviated from the role of mediator, how do you address that either during the mediation or afterwards? There doesn't seem to be any recourse.
Lawyer: CalAttorney2, Attorney replied 3 years ago
There really isn't. The mediation privilege is extraordinarily strong in California and protects virtually all communications in the course of mediation. (There is a long line of cases interpreting this section of the evidence code, including for example: Cassell v Sup. Ct. (Summarized here: http://www.fishermediation.com/california-supreme-court-no-attorney-malpractice-exception-to-mediation-confidentiality/).
Ask Your Own CA Real Estate Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2
CalAttorney2, Attorney
Category: CA Real Estate
Satisfied Customers: 10,244
10,244 Satisfied Customers
Experience: I have experience representing HOAs, homeowners, businesses, and other individuals in real estate matters.

CalAttorney2 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

188 satisfied customers

I have nearly three decades of legal experience, including Real Estate Law, and have held a Real Estate Broker's License.

legalgems

legalgems

attorney

183 satisfied customers

Just Answer consultant at Self employed

Richard Price, Esq

Richard Price, Esq

Attorney

59 satisfied customers

Attorney at The Law Office of Richard Samuel Price

N Cal Atty

N Cal Atty

Attorney

33 satisfied customers

attorney at self

Roy Hadavi

Roy Hadavi

21 satisfied customers

Attorney at Law Offices of Rosenstein & Associates

Bruce Schreiber

Bruce Schreiber

Attorney/Realtor

15 satisfied customers

Attorney At Law at SELF

Ben S.

Ben S.

Attorney

14 satisfied customers

Real Estate Attorney (California)

< Previous | Next >

Related CA Real Estate Questions
Laws concerning home owners association. I live in townhouse
Laws concerning home owners association. I live in townhouse complex. 40 units. There are supposed to be 3 board members. 1 quit 6 months ago. The remaining two have diametrically opposing views so no… read more
socrateaser
socrateaser
1,031 satisfied customers
California Constitutional Law:. 1. How was it legal for the
California Constitutional Law: . 1. How was it legal for the California legislature to amend its constitution to bestow 'sovereignty' on the corporation of the Regents of the University of California?… read more
N Cal Atty
N Cal Atty
Attorney
JD
33 satisfied customers
How do residents of a new community get the homeowners
How do residents of a new community get the homeowners association to listen and respect them?We moved into a new neighborhood with HOA. While the community seems nice we have a lot of issues with the… read more
socrateaser
socrateaser
1,031 satisfied customers
How to prepare for a hearing from an HOA due to the
How to prepare for a hearing from an HOA due to the association accusing me of violating some obscure provision?I bought a home in a newly built community. Apparently recently I was dinged by the asso… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,520 satisfied customers
My husband and I have been married 30 years. Before I
My husband and I have been married 30 years. Before I married my husband, he and his two brothers formed a corporation that consisted of them and their siblings as the shareholders. The shareholders h… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,185 satisfied customers
I sold my home a few months ago, and although I was selling
I sold my home a few months ago, and although I was selling "by owner," the buyer insisted on hiring an agent to represent him. A non-agency agreement was made part of the sales agreement, stating tha… read more
Ray
Ray
Lawyer
Doctoral Degree
33,811 satisfied customers
HOA sued me at small claim, got a default judgement (never
HOA sued me at small claim, got a default judgement (never serve the summon properly, but that's another question). I paid it in full 2 weeks ago and asked for a satisfaction letter. The management em… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
10,244 satisfied customers
How to get a HOA to schedule meetings at a time better
How to get a HOA to schedule meetings at a time better accessed by homeowners. I notice HOA meetings are often scheduled at a time that is only convienent for a few homeowners to attend. Sounds pretty… read more
legalgems
legalgems
attorney
Juris Doctorate
183 satisfied customers
I have an 8000 foot building leased to a California
Hi. I have an 8000 foot building leased to a California Corporation. They are a Mutual Benefit Not For Profit Medical Cannabis Cooperative. In August 2015 I filed a Unlawful Detainer for not paying th… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
10,244 satisfied customers
I have been renting the house i live in or 7 years, the
i have been renting the house i live in for 6 or 7 years , the owner decided to sell it , a real estate agent came to the house to see it and to talk to me , we made a agreement cash for keys for me t… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
10,244 satisfied customers
Educator, Esq. You will recall the lawsuit we discussed
for Law Educator, Esq.You will recall the lawsuit we discussed yesterday and thursday. Here is a new question: The settlement agreement that required the wall to be built states that it binds successo… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I live in a HOA community in San. There was an amendment to
I live in a HOA community in San Jose. There was an amendment to the CC &R's that I just found out did not have a majority vote of owners (27%). It was certified by the Board president and registered … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Our Home Owners Association consists of 5 board members. The
Our Home Owners Association consists of 5 board members. The bylaws say that voting is by secret ballot and also nomination and voting can be from the floor during the HOA meeting. When only 3 people … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can a settlement agreement become void or be changed if the
Can a settlement agreement become void or be changed if the other side has broken part of the agreement? What does California Code of Civil Procedure, section 664.6 allow concerning this? This is invo… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
10,244 satisfied customers
My neighbor who is Board member erected a fence in our joint
My neighbor who is Board member erected a fence in our joint front yard without ARC approval in direct violation of the cc & r's. I complained to the ARC person, Board president & property manager & a… read more
LawTalk
LawTalk
Attorney
Juris Doctor
188 satisfied customers
I am a Builder. I am having a problem with a paving sub
I am a Builder. I am having a problem with a paving sub contractor. He is attempting to record a mechanics lien on my property. The problem I see with that is this... The work he performed was on publ… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
10,244 satisfied customers
My Homeowners Association has placed a lien on my unit, stating
My Homeowners Association has placed a lien on my unit, stating that I owe them money, which I doubt that I do. I want to find out for sure who is financially responsible for the money owed. The situa… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
10,244 satisfied customers
Are there any rules about collecting basic information such
Are there any rules about collecting basic information such as number of occupants, name and contact information from tenants of rental properties? My HOA is requesting this info from me, the owner an… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
10,244 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x