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1152. (a) Evidence that a person has, in compromise or from. humanitarian motives, furnished or offered or promised to furnish. money or any other thing, act, or service to another who has. sustained or will sustain or claims that he or she has sustained or. will sustain loss or damage, as well as any conduct or statements
The statements cannot be used as evidence in court to prove liability or the value of a claim.. They are not privileged communications and you can discuss them with others; for their input; but I wouldn't post it on Facebook. If you put "Cal. Evid. Code 1152 and 1154" there are articles you can read about this.
Federal equivalent to, and, a Cal Civil Code Section 1542 waiver? San Francisco, CA | 3 attorney answers How to overcome a lawyer entrapping me with Evidence Code 1152?
(b) In the event that evidence of an offer to compromise is admitted in an action for breach of the covenant of good faith and fair dealing or violation of subdivision (h) of Section 790.03 of the Insurance Code, then at the request of the party against whom the evidence is admitted, or at the request of the party who made the offer to ...
Evidence Code 1152 just means that you can not tell the court what your settlement negotiations were. You could tell the court that you have discussed settlement, just not the terms. They have made an offer to settle. That is their settlement position. You have the right to make a counter offer of what you believe is a fairer settlement.
"The foregoing is an offer of compromise, and as such, is not admissible as evidence under California Evidence Code sections 1152 and 1154, and Federal Rules of Evidence Rule 408. This settlement offer shall remain open until 5:00 p.m. on August xxx, 2011, at which time it shall expire by its own terms. I look forward to your favorable response."
Keep in mind that CA Evidence Code section 1152 states that evidence that a person has, in compromise or from humanitarian motives, furnished or offered or promised to furnish money or any other thing, act, or service to another who has sustained or will sustain or claims that he or she has sustained or will sustain loss or damage, as well as ...
Start with Federal Code of Evidence Rule 801(d)(2) and Rule 901 and depending on the content, you may have to do further research. I am not sure why your issue is the reference to a state's individual evidence code. Best of luck.
I'm not sure what you mean by entraping. The facts and issues don't disappear if you don't accept an offer in compromise. Evidence code section 1152 regardings settlement issues has nothing to do with attorney confidentiality. By way of example, if the attorney discusses issues for purposes of settlement, then you cannot use the fact it was ...
Based on the statements in your post, it appears it would be advisable for you to consult with an employment attorney regarding this situation. More information would be needed to advise you and it appears that the response you received (including the reference to Evidence Code Section 1152) is causing some confusion as to the status of this ...