Legal Question in Business Law in California

I would like to know what is a comprehensive resolution?


Asked on 2/04/13, 8:32 am

1 Answer from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

It is difficult to answer your question without further information, but I will try to get you on the right track.

When someone is settling claims, they are often requested to sign a general release. Under California Civil Code Section 1542, a general release does not extend to claims which the person does not "know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement" with the other party. Therefore, settlement agreements will often contain a waiver of rights under that code section and attorneys will often call this a 1542 waiver.

When you sign a settlement agreement with a 1542 waiver, your basically waiving rights to assert new claims if you discover new facts later that would have impacted your decision to settle. The settlement is final for all claims and all reasons pertaining to all issues.

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Answered on 2/04/13, 9:10 am


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