Legal Question in Civil Litigation in California

The City of ... is requiring waiver be signed before reimbursement, Part of it

In short, the city, where my grandparents live, installed a catch basin for nuisance water. Power for the pump was wired through my grandparents electrical box, thus creating energy costs for them. To get reimbursed, a waiver must be signed. This is fine; however, the following paragraph includes phrasing that seems general, vague, etc.

Now therefore at the request of Jack & Jill Smith and on behalf of their heirs and successors of the property located at 198 Up The Hill and in consideration of the sum of $500 (Five hundred dollars), the receipt is hereby acknowledged, the undersigned hereby releases and cancels any and all claims against the City of .... and acknowledges reimbursement in full.

I am not ok with the ''hereby releases and cancels any and all claims against the City of...'' Too vague. Suggestions on rephrasing it so that it's issue specific. To me it sounds like it could pertain to any future issues not just future issues regarding the catch basin and pump. I do not want my grandparents to sign until I have the ''City'' rephrase it, but I need assistance.

I thank you very, very much, and my grandparents thank you very, very much for your help. I love this website! It's an invaluable resource.

Carolyn


Asked on 10/31/03, 8:14 pm

3 Answers from Attorneys
Alvin Tenner Law Office of Alvin G. Tenner

Re: The City of ... is requiring waiver be signed before reimbursement, Part of

Tell the city to reword the agreement or have the installation removed.

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Answered on 11/01/03, 2:27 pm
Alden Knisbacher knisbacher law offices

Re: The City of ... is requiring waiver be signed before reimbursement, Part of

This question is difficult because you leave out important facts -- how much money is this re-wiring costing your grandparents and are they being fully-reimbursed. You are right to be wary of the waiver language. This language is written by attorneys. You could try to propose changes to the language yourself, or refuse to sign the agreement; but you're at a disadvantage because you're not an attorney. An attorney should review the situation and the contract language. If you do not want to consult with an attorney, you might find some resources at nolo.com, where you might find some helpful books on contract law and the like. Good luck.

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Answered on 11/02/03, 7:24 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: The City of ... is requiring waiver be signed before reimbursement, Part of

The release requested is not vague. Your grandmother does not release any claim she is not aware of, unless she waives the provisions of California Civil Code section 1542, which gives her any claim she is not aware of at the time of signing a release. Don't worry about it.

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Answered on 10/31/03, 11:35 pm


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