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  1. 15 Νοε 2023 · Civil Code section 1542 provides, “ A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

  2. 1 Ιαν 2019 · California employers entering into severance or settlement agreements will want to be aware of the amendment to California Civil Code Section 1542. Almost every severance or settlement agreement involving a California employee will include a Civil Code Section 1542 waiver.

  3. The release contains a Section 1542 waiver. You sign the release because you need the severance pay. Later, you realize you had grounds for a wrongful termination lawsuit, which could have brought you more money than the severance pay.

  4. 9 Αυγ 2016 · So if you are settling a case with a nexus to California (whether or not you practice in California), consider whether you need a section 1542 waiver in the settlement agreement to make your general release ironclad.

  5. 12 Ιουν 2017 · California Civil Code section 1542 is a statutory protection for parties who sign a settlement agreement containing a general release of claims. It provides that a general release of claims does not extend to claims that the releasing party does not “know or suspect to exist” at the time of executing the release, and which if known “must ...

  6. 4 Απρ 2019 · It is important to update all forms of releases that include a Section 1542 waiver to ensure the enforceability of a party’s waiver of unknown claims.

  7. 10 Ιουν 2019 · Civil Code Section 1542 waivers are commonly included in many types of transactional documents. As corporate lawyers for California startups and small businesses, we often cite to this waiver when settling out claims against our clients brought by former co-founders, employees, and investors.

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