Stewart v. Preston Pipeline Inc., et al
California Court of Appeal
134 Cal. App. 4th 1565, 36 Cal. Rptr. 3d 901 (2005)

- Written by Caitlinn Raimo, JD
Facts
Darren Stewart (plaintiff) was injured in a car accident involving a tool that fell off a truck owned by Preston Pipeline Inc. (defendant) and driven by George Solinger (defendant). Stewart sued, and the parties participated in mediation and reached an agreement. Stewart, his attorney, and Preston Pipeline and Solinger’s attorney, but not Preston Pipeline and Solinger themselves, signed a document agreeing that the parties’ settlement would be exempt from California’s mediation-confidentiality provision. Stewart then refused to accept the settlement check. Preston Pipeline and Solinger filed a motion for summary judgment, seeking to enforce the settlement agreement. The trial court granted the motion. Stewart appealed, contending that the trial court erred in allowing Preston Pipeline and Solinger to introduce the settlement agreement as evidence because they did not personally sign it and California law required any waiver of mediation confidentiality to be “signed by the settling parties.”
Rule of Law
Issue
Holding and Reasoning (Duffy, J.)
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