The answer really depends upon how you settled the unlawful detainer lawsuit. Was there a settlement agreement which included a release and a waiver of Civil Code section 1542? Or was there just a dismissal of the unlawful detainer? Or was there a Stipulation and Judgment signed and filed?
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
Your lawyer should have included a waiver and release of claims in their stipulation like most landlord tenant lawyers such as myself insist upon. In short, it depends on the terms of your settlement agreement. Please call me at 415-441-1052 with any questions.
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