14 Jul: Mediation Message No. 67

BE CAREFUL WHAT YOU PLEAD This month’s Mediation Message is about the conclusive effect of statements in pleadings, which is relevant to mediations because the consequences of careless language in complaints and answers can have an impact on settlement discussions. The well-recognized concept of judicial admissions was raised anew in Dang v. Smith (2010) 190 Cal.App.4th 646 which reminded that “statements in a pleading are always admissible against the pleader to prove the matter asserted—as…