Tiglit18 Posted March 15, 2018 Report Share Posted March 15, 2018 Just curious on this one portion of the “settlement agreement” proposed to me on my jdb case. Any thoughts? They are offering a dismissal WITH prejudice. ”THE UNDERSIGNED EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted March 15, 2018 Report Share Posted March 15, 2018 It looks like they are saying you and them will agree to drop all possible claims against each other. Which is standard for these agreements. Check other wording to make sure the agreement says you and they agree to drop all possible claims from the beginning of time until the time the agreement is signed. Quote Link to comment Share on other sites More sharing options...
RyanEX Posted March 15, 2018 Report Share Posted March 15, 2018 Explanation I found regarding 1542 https://www.mindingyourbusinesslitigation.com/2016/08/think-your-release-is-ironclad-consider-california-civil-code-section-1542/ They are, more or less, admitting defeat... but would like to absolve themselves of any lawsuits from you regarding this suit & and (probably) be off the hook for paying you back for your costs (filing fee, process server, etc.). I was offered this the morning of my trial, I declined and got a dismissal w/o prejudice anyway and then got my costs back. 1 Quote Link to comment Share on other sites More sharing options...
Tiglit18 Posted March 16, 2018 Author Report Share Posted March 16, 2018 4 hours ago, RyanEX said: Explanation I found regarding 1542 https://www.mindingyourbusinesslitigation.com/2016/08/think-your-release-is-ironclad-consider-california-civil-code-section-1542/ They are, more or less, admitting defeat... but would like to absolve themselves of any lawsuits from you regarding this suit & and (probably) be off the hook for paying you back for your costs (filing fee, process server, etc.). I was offered this the morning of my trial, I declined and got a dismissal w/o prejudice anyway and then got my costs back. I see - thank you that article was perfect. I’ve got some decisions to make now. Quote Link to comment Share on other sites More sharing options...
Tiglit18 Posted March 16, 2018 Author Report Share Posted March 16, 2018 7 hours ago, BackFromTheDebt said: It looks like they are saying you and them will agree to drop all possible claims against each other. Which is standard for these agreements. Check other wording to make sure the agreement says you and they agree to drop all possible claims from the beginning of time until the time the agreement is signed. Thanks! Yes there is language in there covering all claims along with future claims. Quote Link to comment Share on other sites More sharing options...
slamber84 Posted March 16, 2018 Report Share Posted March 16, 2018 Let us know what you decide to do! I am following this post as I am working through my own case in San Diego and hoping to have similar success in avoiding court with dismissal! Quote Link to comment Share on other sites More sharing options...
Tiglit18 Posted March 16, 2018 Author Report Share Posted March 16, 2018 11 hours ago, slamber84 said: Let us know what you decide to do! I am following this post as I am working through my own case in San Diego and hoping to have similar success in avoiding court with dismissal! Yes I will update. There were a few things I asked them to modify in the agreement but since I have to answer interrogatories within the next few days I’ve been proceeding with things just in case the settlement falls through. They seem even pretty eager to drop this and are even checking to se if the Plaintiff will reimburse me for partial out of pockets costs as that is still cheaper than arb. Quote Link to comment Share on other sites More sharing options...
Tiglit18 Posted March 25, 2018 Author Report Share Posted March 25, 2018 Hi all! My requested amendments were approved verbally and I am awaiting the updated agreement which should include partial reimbursement of court costs. They approved (in writing) an extension on the Interogatories, ROA, and Docs of a few weeks to allow time for us both to finalize the agreement. I think I am on the home stretch! Quote Link to comment Share on other sites More sharing options...
monkeysuncle Posted March 26, 2018 Report Share Posted March 26, 2018 Thats great! Hoping for something similar in my action. Quote Link to comment Share on other sites More sharing options...
Tiglit18 Posted April 6, 2018 Author Report Share Posted April 6, 2018 Agreement signed by both parties! I’m waiting for the official dismissal with predjudice to be filed with the court before hitting up the winner board....so excited!!! 2 Quote Link to comment Share on other sites More sharing options...
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