Legal Opinion

Epic Communications, Inc. v. Richwave Technology, Inc.

California Court of Appeal

Decided June 23, 2015No. H037884PublishedCited by 11 opinions

1Opinion of the Court

Opinion

RUSHING, P. J. —

In this case we are again called upon to determine whether a defendant is entitled to the protection of a broad release clause contained in a settlement agreement to which the defendant is a stranger. In Rodriguez v. Oto (2013) 212 Cal.App.4th 1020, 1023 [151 Cal.Rptr.3d 667] (Rodriguez), we held that language unambiguously releasing “ ‘all persons’ ” from liability was on its face an objective manifestation of intent to extend the release to third parties, and thus entitled a stranger to summary judgment in the absence of countervailing evidence. While acknowledging…

2Cases cited16 opinions

  1. Shaw v. Regents of University of CaliforniaCalifornia Court of Appeal · 1997
  2. Amtower v. Photon Dynamics, Inc.California Court of Appeal · 2008
  3. People ex rel. Lockyer v. R.J. Reynolds Tobacco Co.California Court of Appeal · 2003
  4. Deschene v. Pinole Point Steel Co.California Court of Appeal · 1999
  5. Transportation Guarantee Co. v. JellinsCalifornia Supreme Court · 1946

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3Cited by11 opinions

  1. Iqbal v. ZiadehCalifornia Court of Appeal · 2017
  2. Lennar Mare Island, LLC v. Steadfast InsuranceDistrict Court, E.D. California · 2016
  3. People v. PutneyCalifornia Court of Appeal · 2016
  4. Breathe So. Cal. v. Am. Lung Assn.California Court of Appeal · 2023
  5. Calamco v. J.R. Simplot Co.District Court, E.D. California · 2025

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