How have courts treated statements made in good faith anticipation of litigation?
California, United States of America
The following excerpt is from Our Church Bldg., Inc. v. Tseshkovsky, B300027 (Cal. App. 2020):
with issues that later become subject to consideration or review in litigation, but only where such pre-litigation statements were made in good faith anticipation of litigation under serious consideration at the time the statements were made. (See, e.g., Bailey v. Brewer (2011) 197 Cal.App.4th 781, 789-790 (Bailey).)
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