The Law Revision Commission has not studied the circumstances of directors of nonprofit corporations or corresponding managers of other types of organizations and makes no recommendation on the application of the business judgment rule to them. The objective of the proposed revisions is generally to preserve existing rights and procedures in the context of unification. There should be no disparity of treatment between a party appearing in municipal court and a similarly situated party appearing in superior court as a result of unification of the municipal and superior courts in the county. Enacted as amended. In particular, the recommendation would clarify the application of mediation confidentiality to settlements reached through mediation.
Clarification is critical to aid disputants in crafting agreements they can enforce.
The recommendation also would define the application of mediation confidentiality statutes, consolidate mediation confidentiality statutes in the Evidence Code, and clarify other aspects of mediation confidentiality. This recommendation would extend the time for a response to a demand for production of documents in civil discovery to 30 days from the present 20 days. This will tend to reduce frequent motions or requests for an extension of time, will conform the California time period to that in Rule 34 of the Federal Rules of Civil Procedure, and will make it the same as the 30-day period in California for a response to written interrogatories and requests for admission. This recommendation will be printed in the 1998 Recommendations pamphlet. Enacted as proposed.