Legal Question in Civil Litigation in California

If I (Plaintiff) settle out-of-court with a Defendant (a Company), and we all sign a General Release (of all claims known or unknown), and I dismiss the entire complaint (that only had 1 cause of action), and then months later, I sue (again) that same company for 2 other different causes of actions, that occurred before the General Release was signed,,,,, what is the probable next step that Defendant, Company would make? ... a.) File Motion (or Ex-Parte)To Enforce Agreement ....b.) Demurrer/MTS entire complaint, using copy of General Release of Agreement and/or using Res Judicata, Collateral Estoppel, Bar & Merger doctrines, etc. .... c.) Defend/Litigate the 2nd action. ....d.) settle for a nuisance of about $400 or $500.


Asked on 2/16/15, 9:03 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Signed releases generally will release all claims, known and unknown, that arose from anything that could have been raised in the lawsuit. Thus, you would be breaching the agreement by filing another lawsuit. Besides possibly filing a lawsuit against you for breaching the agreement, it would move to strike the new complaint based upon the settlement. It probably would be awarded attorney's fees for its efforts if the agreement contained an attorney's fees provision.

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Answered on 2/18/15, 1:27 am


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