I want to settle a civil case, opposing counsel has prepared a Release and it releases the parties, their assigns, agents etc. During this matter the Defendants committed more torts against me that I want to sue for. What language can I put in the Release so that it is only for that case and not waiving any rights for new litigation.
Usually you give up any claims that your have settled for or for any claims you might have as of the date of the release.
Yes, in virtually all instances, a settlement agreement in Southern California will contain a general release which includes a waiver of California Civil Code section 1542. This means you are giving up all claims, known and unknown. If you are preserving your right to sue for other claims, you cannot waive Civil Code section 1542, and moreover, you should specifically articulate the new claims which are NOT included in the release.
Frank W. Chen has been licensed to practice law in California since 1988. This posting does not create any attorney-client relationship. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement nor a solicitation.
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