Legal Question in Civil Litigation in California

Can a liable party refuse to settle your claim if you refuse to sign a waiver of your rights under Section 1542 of the Civil Code of California?

If not, is there a time limit on when they must settle?

Thanks,

Pat


Asked on 4/10/10, 5:39 pm

6 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Yes. Sometimes a creative lawyer could carve out the objectionable exceptions from the 1542 waiver, though.

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Answered on 4/15/10, 5:50 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

A settlement is just that, a settlement. Either party can agree to settle or not settle on any terms that they want. If they won't settle without a waiver of your Section 1542 rights then they don't have to.

As to the time issue, the only "deadline" on settling is the expiration of the statute of limitations for the claim. Even that is not really a deadline because someone could, if they wanted to, settle a barred claim.

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Answered on 4/15/10, 5:58 pm
Edward Hoffman Law Offices of Edward A. Hoffman

The law never requires anyone to settle. And most lawyers would insist on a 1542 waiver as part of a settlement agreement. If the other side insists on a waiver and you refuse, then you don't have an agreement. Without an agreement the case will not settle. You have the option of going through trial instead if you want.

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Answered on 4/15/10, 7:15 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Your question implies that you might be trying to settle a serious case by yourself, which is nearly always a bad idea.

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Answered on 4/15/10, 11:27 pm

No one who knows anything about the law or has even the dimmest lawyer for counsel will settle without a 1542 waiver.

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Answered on 4/15/10, 11:46 pm
Terry A. Nelson Nelson & Lawless

Duh. Settlements are voluntary agreements as to all terms.

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Answered on 4/16/10, 2:30 pm


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