Regents of the University of California v. Sumner

Opinion

PETERSON, P. J.

Appellants, Dr. Burnet Barnes Sumner and Dr. Christine Wood McGill, contend the trial court improperly granted a summary judgment which enforced a previous settlement between appellants and respondents, the Regents of the University of California (the Regents) and Robert W. Surber, in a sexual harassment action brought by appellants. We affirm.

I. Facts and Procedural History

The parties agreed at the time of the settlement that the details of their agreement would be confidential. They have filed under seal in this court their briefs and other documents concerning the settlement. Since this opinion is a public document, we will attempt to avoid disclosure of the confidential details of the settlement agreement in so far as possible. We granted authority, however, for the parties to discuss the settlement agreement in open court during oral argument, rejecting a motion to close oral argument to the public.

Appellants brought a prior action, Sumner v. Regents of University of California (Super. Ct. S.F. County, No. 941711), alleging sexual harassment and other torts against their employer, the Regents, and certain named

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individual defendants, including Surber. The previous action was the subject of scheduled voluntary mediation sessions organized by the Judicial Arbitration and Mediation Services (JAMS) in an attempt to settle the matter. The mediation sessions were presided over by a retired judge, the Honorable Rebecca Westerfield. Appellants were represented by their then counsel, Paul Monzione. The Regents, Surber, and individual defendants were also represented by counsel. The mediation sessions ended after two days when the parties announced they had reached an agreement to settle the matter amicably.

The terms of the settlement were dictated into a tape recorder by appellants’ counsel, with clarifications by Judge Westerfield, the attorneys for the parties, and appellants; and a transcript was prepared. We need not reveal the confidential details of the agreement here; it is sufficient to note that the agreement is very detailed, and both appellants indicated they agreed to the terms of the settlement.