Legal Question in Business Law in California

California Evidence Code 1152

What does the following mean:

Nothing contained in or omitted from this letter shall be deemed a waiver of any rights or remedies

with respect to the subject matter hereof and we expressly reserve all of our client�s rights and remedies. This

letter is not intended as a complete recitation of the facts or issues. It is intended for settlement purposes only

and shall not be deemed admissible to any legal proceeding. Since this letter serves only as a continuing effort

to resolve this matter, this communication is expressly inadmissible pursuant to California Evidence Code

�1152.


Asked on 2/28/08, 11:09 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: California Evidence Code 1152

You must be involved in a settlement negotiation or mediation.

The law encourages parties to litigation or threatened litigation to work things out without going to trial. One aspect of our statutes that works to encourage negotiated settlements is that certain exchanges between parties and/or their attorneys are inadmissible as evidence in court. That allows the parties to discuss liability issues and possible dollar amounts of settlement without fear that their bargaining positions during such negotiations will later be used against them in court.

Evidence Code section 1152 is fairly long and I can't quote the entire text here, but it basically says that offers to compromise a claim are inadmissible as evidence of liability or as an admission of fault.

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Answered on 2/29/08, 1:28 pm


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