Legal Opinion

San Diego Hospice v. County of San Diego

California Court of Appeal

Decided January 24, 1995No. D018211PublishedCited by 26 opinions

1Opinion of the Court

Opinion

FROEHLICH, J.

This case again presents the question: when is a comprehensive release enforceable? The San Diego Hospice (Hospice) acquired land formerly owned by the County of San Diego (County), and later discovered the land was contaminated by hazardous materials. Hospice made a claim against County, which claim was settled. The settlement agreement and release contemplated that “[additional pollutants . . . may exist on the site which have not yet been discovered,” but nevertheless released County from all claims “past, present and future, known or unknown, suspected or unsuspected…

2Cases cited21 opinions

  1. Winet v. PriceCalifornia Court of Appeal · 1992
  2. Lingsch v. SavageCalifornia Court of Appeal · 1963
  3. The Mechanics Bank of Alexandria v. LOUISA & MARIA SETONSupreme Court of the United States · 1828
  4. Rich & Whillock, Inc. v. Ashton Development, Inc.California Court of Appeal · 1984
  5. Meyer v. HaasCalifornia Supreme Court · 1899

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3Cited by26 opinions

  1. Medtronic Ave, Inc. v. Advanced Cardiovascular Systems, Inc.Court of Appeals for the Third Circuit · 2001
  2. Assilzadeh v. California Federal BankCalifornia Court of Appeal · 2000
  3. Village Northridge Homeowners Assn. v. State Farm Fire & Casualty Co.California Supreme Court · 2010
  4. Peake v. UnderwoodCalifornia Court of Appeal · 2014
  5. Lanigan v. City of Los AngelesCalifornia Court of Appeal · 2011

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