MICHAEL D. MARCUS’S MEDIATION MESSAGE NO. 86 JUDICIAL ADMISSIONS, PART II Mediation Message no. 67 reviewed Dang v. Smith (2010) 190 Cal.App.4th 646 which advised that “statements in a pleading are always admissible against the pleader to prove the matter asserted—as is any other statement by a party.” The recent case of Barsegian v. Kessler & Kessler (April 2013 Court of Appeal, Second Appellate District, Division One) 2013 Cal. App. LEXIS 287, 2013 WL 1680181…
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…