Proving Up Your Mediated Settlement Agreement: More on Simmons v. Ghaderi
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We've been following the case of Simmons v. Ghaderi since the opinion appeared in October of last year. The case went up to the California Supreme Court for review in December '06. The issue, as defined by Dr. Ghaderi is:
whether there can be an enforceable settlement agreement when all evidence upon which it is based is inadmissible under the mediation statutes.
As our previous commentary on this case indicates, we believe this accurately states the matter at issue and the source of the lower court's error. That commentary, along with a mediation analysis using the Simmons' facts as a hypothetical, can be found here, here and here.
I'm supplying you with the reply brief only. (and adding the recently posted CDRC Amicus Brief here)
Once upon a time (at least 20 years ago) a Superior Court Judge confided in me that if s/he were overwhelmed with work and facing a calendar call, s/he would read the reply brief only "because it contained all the arguments."
YIKES!!
This did considerably alter my briefing habits.
Here the Reply covers most of the arguments in the Opening Brief and the responses to the Opposition, which I haven't seen. If anyone wants to send it along to me, I'll post it too.
