Can I Sue a California City for Publishing My Confidential Mediation Agreement?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
I had a contract with a city government in California. The city published my confidential mediated settlement form on a public portal.
Attorney Answer
Because the other side is a city government, you likely need to move fast. California requires a formal claim to be filed with the city before you can sue it, and that deadline is short.
California law protects the confidentiality of mediation. Under Evidence Code section 1119, communications and writings prepared for, or in the course of, a mediation are generally confidential and cannot be disclosed without the agreement of everyone involved, including a government agency that was a party. If your NDA or settlement form came out of a mediation and the city posted it to a public portal without your consent, that may violate both the confidentiality agreement itself and this state mediation privilege.
At the same time, government agencies are also subject to the California Public Records Act, which can create tension with confidentiality promises. Whether the city was legally allowed to post the document depends on exactly what was agreed to in writing, whether the agreement itself addressed public disclosure, and how the document ended up on the portal.
What you can do:
1. Save a copy or screenshot of the published document right away, along with the URL and the date it appeared, before it can be taken down or changed. 2. Pull your copy of the original NDA or mediated agreement and read the confidentiality clause carefully. What exactly did it promise, and what does it say about a breach? 3. Send a written request to the city clerk's office or the department you dealt with, asking them to remove the document and explain how it was published. 4. File a formal government claim with the city. California's Government Claims Act generally requires a written claim to be presented to a city before you can sue it, and the deadline is often as short as six months from when the harm occurred, so do not wait to start this process. 5. Track every date: when you learned of the publication, when you contacted the city, and any response you receive.
This is general legal information, not legal advice. Because government claim deadlines are strict and unforgiving, a California civil litigation attorney should review your documents and file any required claim on your behalf as soon as possible.
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Frequently Asked Questions
What is a government claim, and why do I need to file one before suing a city?
California law requires anyone who wants to sue a city, county, or other local public entity for money or damages to first present a formal written claim to that entity. Missing this step or its deadline can mean losing your right to sue entirely.
How long do I have to file a claim against a California city?
Deadlines under the Government Claims Act are often as short as six months from when the harm happened, though some claims allow up to one year. Because the type of claim affects the exact deadline, have an attorney confirm your date right away.
Does mediation confidentiality still apply if a government agency was involved?
Yes, California's mediation confidentiality statute generally applies to any party in the mediation, including public agencies. Public entities also have public records obligations, though, so the specific wording of your agreement matters a great deal.
