Legal Opinion
Winet v. Price
California Court of Appeal
Decided March 23, 1992No. D013555PublishedCited by 233 opinions
1Opinion of the Court
Opinion
FROEHLICH, J.
We are presented in this case with an agreement releasing all claims against a party, including unknown and unsuspected claims, and reinforcing such release by specifically referring to and waiving the benefits of the provisions of Civil Code 1 section 1542. The issue is whether this release can be avoided if the releasor testifies he was unaware of a claim and did not intend to waive the right to pursue that claim. Appellant Robert S. Winet (Winet) argues the answer is yes, while respondent William E. Price (Price) contends the answer is no. The trial court agreed with…
2Cases cited16 opinions
- Parsons v. Bristol Development Co.California Supreme Court · 1965
- Pacific Gas & Electric Co. v. G. W. Thomas Drayage & Rigging Co.California Supreme Court · 1968
- Brant v. California Dairies, Inc.California Supreme Court · 1935
- Stratton v. First National Life InsuranceCalifornia Court of Appeal · 1989
- Casey v. ProctorCalifornia Supreme Court · 1963
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3Cited by233 opinions
- Badie v. Bank of AmericaCalifornia Court of Appeal · 1998
- Benach v. County of Los AngelesCalifornia Court of Appeal · 2007
- Founding Members of Newport Beach Country Club v. Newport Beach Country Club, Inc.California Court of Appeal · 2003
- United States of America, Ex Rel., and Michael E. Green v. Northrop Corporation Norm BussardCourt of Appeals for the Ninth Circuit · 1995
- Thompson v. AsimosCalifornia Court of Appeal · 2016
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