The following excerpt is from Pac. Marine Ctr., Inc. v. Phila. Indem. Ins. Co., Case No. 1:13-cv-00992-AWI-SKO (E.D. Cal. 2015):
communications must be accompanied by an explanation of the context and general content of the communications that specifically linked the communications to the mediation session. Wimsatt v. Super Ct., 152 Cal. App. 4th at 160-61. Other than asserting the emails and letters would not have been composed and sent but for the mediation - presumably because the parties would not have reached a settlement agreement absent the mediation or agreed to produce financial records - Plaintiffs have failed to meet their burden of establishing the existence of a privilege under CEC Section 1119. Despite numerous instructions to do so, Plaintiffs have not made the necessary link between the post-mediation/post-settlement communications and the mediation itself other than a sweeping generalization that the communications arose pursuant to the mediation.
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