During the pendency of the pension fund’s appeal from the dismissal of its complaint, Apollo, National Union and the pension fund agreed to mediation. Both Apollo and National Union signed the mediation agreement, which expressly adopted California Evidence Code §§ 1115–28, including a provision mirroring Section 1119 of the California Evidence Code that “[n]o evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, the Mediation shall be admissible or subject to discovery.”As a result of the mediation, Apollo and the pension fund reached a $13.

GT’s summary judgment motion was based on Amis’s undisputed admission that all advice he received from GT regarding the settlement agreement was given during a mediation. Based on this undisputed fact, GT argued that Amis could not obtain evidence to support his claims, and GT could not produce evidence to defend itself, based on the prohibition against disclosure of such evidence in the applicable mediation confidentiality statutes, California Evidence Code sections 1115, et seq. Amis sought to oppose the motion with declarations from himself and counsel in the underlying litigation to establish that he never would have attended the mediation, nor would have agreed to be jointly and severally liable for his company’s obligations, had he been advised prior to the mediation that he had little to no risk of being held personally liable for the underlying claims.