Foxgate Homeowners' Association, Inc. v. Bramalea California, Inc.

Foxgate (plaintiff), representing condominium owners, sued Bramalea (defendant) for construction defects, and the trial court ordered both sides to mediate in good faith before a retired judge, Judge Smith. After a rescheduling and a denied continuance request, Bramalea's counsel showed up 30 minutes late to the first mediation session without any of the experts the session was specifically set up for, prompting Judge Smith to cancel it. Foxgate moved for sanctions for lack of cooperation, attaching a description of Bramalea counsel's mediation conduct and Judge Smith's own mediation report recommending sanctions. The trial court granted sanctions relying on these materials; Bramalea argued all of it was confidential under California's mediation-confidentiality statutes.