Legal Question in Credit and Debt Law in California

In California, is it legal for the plaintiff's attorney to include in a "stipulation for conditional entry of judgment" the following: "Defendant waives any and all rights to a trial by court or jury; to notice, hearing and/or the opportunity to contest or present evidence; to findings of fact and/or conclusion of law; to appeal, to seek to nullify, to seek statutory or equitable relief or excuse from or otherwise challenge any provision of this Stipulation and any judgment or other court order sought, obtained, entered and/or enforced in any way related thereto, including, but not limited to any motion addressed to the court pursuant to Code of Civil Procedure 473, or any other provision of law, equity, or other asserted power of the COurt; to assert any argument or reason or excuse for non-performance; and to assert partial or substantial performance in lieu of exact performance"?

Asked on 2/26/12, 6:23 am

3 Answers from Attorneys

Joel Selik


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Answered on 2/26/12, 9:09 am

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Why would you sign? Is there some reason why you won't tell us the rest of the story?

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Answered on 2/26/12, 10:28 am

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