(Download) "Winet V. Price" by Fourth Appellate District, Division One Court of Appeal of California # Book PDF Kindle ePub Free
eBook details
- Title: Winet V. Price
- Author : Fourth Appellate District, Division One Court of Appeal of California
- Release Date : January 23, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
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*fn1 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 Price and terminated Winet's attempt to pursue the alleged claim by entering summary judgment based on the release.