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In the past, courts have been reluctant to create judicial exceptions to California’s mediation confidentiality statute. (See Evidence Code Section 1115 et seq.) However, the California Court of Appeal, Second District, recently created a judicial exception and this ruling marks a departure from nearly a decade of judicial restraint. Cassel v. Superior Court, 2009 WL 3766430 (Cal. App. 2 Dist. November 12, 2009).