Legal Question in Real Estate Law in California
We are planning on a financial settlement with a company and in the release we are asked to waive our rights under CA 1542 of the civil code. If the company is found in the future to have engaged in unlawful/criminal activity does that waiver still hold or would we be able to collect more than our original agreement?
Asked on 10/05/09, 6:30 pm
1 Answer from Attorneys
Robert F. Cohen
Law Office of Robert F. Cohen
It would preclude you from bringing any further civil claim against the defendant. Because the People of the State of California would be the aggrieved party in a criminal prosecution and the People are not a party to the settlement, it would not bar a criminal prosecution.
Answered on 10/05/09, 6:35 pm