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  1. 15 Νοε 2023 · Well, as another staple of settlement contracts, the parties can actually waive the protections of Civil Code section 1542 in their 1541 release. Put simply, the parties can agree to release all claims, including unknown claims.

  2. 1 Ιαν 2019 · In order to effectively waive the protections of California Civil Code Section 1542, the language of the statute must be included in any agreement, and the parties to the agreement must acknowledge that they are waiving the rights and benefits of the statute.

  3. 28 Μαΐ 2019 · As many of you reading this article will already know, in order to obtain a full release of both known and unknown claims under California law, the release must cite the language of California Civil Code Section 1542, and contain a clean and unambiguous waiver of the protections of the statute, since the statute is intended to prevent the ...

  4. 1 Ιαν 2019 · Civil Code Section 1542 contains waivable language intended to prevent a releasor from inadvertently waiving unknown claims merely by signing a general release.

  5. 1 Ιαν 2023 · California Code, Civil Code - CIV § 1542 Current as of January 01, 2023 | Updated by FindLaw Staff 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 ...

  6. 7 Μαρ 2019 · California Civil Code Section 1542 Amendments Affect Waiver of Unknown Claims. By: Nicole Ambrosetti. The California Legislature has amended Civil Code section 1542, a statute which precludes the waiver of unknown claims unless express waiver language is included in the parties’ agreement.

  7. 25 Φεβ 2019 · The California legislature recently updated the language of waivable language in California Civil Code Section 1542 that is intended to prevent a party signing a general release of...