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Questions and Answers
What must parties mutually agree upon for a court to order confidentiality in a settlement?
What must parties mutually agree upon for a court to order confidentiality in a settlement?
Which of the following terms should be carefully negotiated during settlement discussions?
Which of the following terms should be carefully negotiated during settlement discussions?
What does a general release typically discharge?
What does a general release typically discharge?
What is the primary purpose of a release in pre-suit settlements?
What is the primary purpose of a release in pre-suit settlements?
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Which issue may arise concerning the terms of a release?
Which issue may arise concerning the terms of a release?
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Why must attorneys be specifically authorized to settle cases?
Why must attorneys be specifically authorized to settle cases?
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Which individual is most likely to prepare a release in a pre-suit settlement?
Which individual is most likely to prepare a release in a pre-suit settlement?
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What provision related to attorney's fees should be discussed before settling?
What provision related to attorney's fees should be discussed before settling?
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What must parties be strategic about, according to the content?
What must parties be strategic about, according to the content?
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In California, which stage often precedes the formalization of a settlement?
In California, which stage often precedes the formalization of a settlement?
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What is a common consequence of assuming standard terms in a written agreement?
What is a common consequence of assuming standard terms in a written agreement?
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In what circumstance might a release be considered limited in its binding effect?
In what circumstance might a release be considered limited in its binding effect?
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What kind of document is a release considered in the context of a pre-suit settlement?
What kind of document is a release considered in the context of a pre-suit settlement?
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When are settlements said to be finalized according to the information provided?
When are settlements said to be finalized according to the information provided?
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Why do very few cases proceed to trial according to the content?
Why do very few cases proceed to trial according to the content?
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Which content area is likely included in the discussions surrounding settlements?
Which content area is likely included in the discussions surrounding settlements?
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What should counsel do regarding the proposed settlement language?
What should counsel do regarding the proposed settlement language?
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What is a potential consequence of including an unreasonable liquidated damage provision in a settlement?
What is a potential consequence of including an unreasonable liquidated damage provision in a settlement?
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Who is required to request the court to retain jurisdiction over a settlement?
Who is required to request the court to retain jurisdiction over a settlement?
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What is the typical method for implementing a settlement reached outside of court?
What is the typical method for implementing a settlement reached outside of court?
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What legal framework prohibits certain confidentiality provisions in settlements?
What legal framework prohibits certain confidentiality provisions in settlements?
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What must be included in the request for the court to retain jurisdiction over a settlement?
What must be included in the request for the court to retain jurisdiction over a settlement?
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What issue might arise if a settlement agreement constitutes illegal restraint of trade?
What issue might arise if a settlement agreement constitutes illegal restraint of trade?
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Which form must be used for a request for dismissal in California?
Which form must be used for a request for dismissal in California?
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What is the time limit for a plaintiff to serve and file a request for dismissal after a settlement if it is not conditional?
What is the time limit for a plaintiff to serve and file a request for dismissal after a settlement if it is not conditional?
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What must the judge confirm regarding the settlement terms?
What must the judge confirm regarding the settlement terms?
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What happens if the plaintiff fails to file a request for dismissal within the specified time?
What happens if the plaintiff fails to file a request for dismissal within the specified time?
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If a settlement agreement conditions dismissal on the completion of certain terms that are not due within 45 days, what must the party filing Form CM-200 specify?
If a settlement agreement conditions dismissal on the completion of certain terms that are not due within 45 days, what must the party filing Form CM-200 specify?
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What happens if a party refuses to sign the written memorial of the oral settlement?
What happens if a party refuses to sign the written memorial of the oral settlement?
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Which types of hearings are vacated during the interim period after a settlement is reached?
Which types of hearings are vacated during the interim period after a settlement is reached?
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Under what conditions can a judgment be vacated after it has been entered?
Under what conditions can a judgment be vacated after it has been entered?
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What must a party do if they require more time to file a dismissal after a settlement?
What must a party do if they require more time to file a dismissal after a settlement?
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What role does a guardian ad litem play in the settlement process for unrepresented minors?
What role does a guardian ad litem play in the settlement process for unrepresented minors?
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What does a conditional dismissal from the judge require?
What does a conditional dismissal from the judge require?
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In cases involving the compromise of claims for minors or disabled persons, when can the court hold an order to show cause hearing?
In cases involving the compromise of claims for minors or disabled persons, when can the court hold an order to show cause hearing?
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What is required in the notice if a party cannot dismiss the case within the prescribed time?
What is required in the notice if a party cannot dismiss the case within the prescribed time?
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What is one consequence of stipulated reversal of a judgment?
What is one consequence of stipulated reversal of a judgment?
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What is the consequence if a party is unable to dismiss the case but fails to provide a notice and declaration within the specified time?
What is the consequence if a party is unable to dismiss the case but fails to provide a notice and declaration within the specified time?
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Which statement about in-court settlements is correct?
Which statement about in-court settlements is correct?
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Which scenario constitutes a valid reason for vacating a judgment?
Which scenario constitutes a valid reason for vacating a judgment?
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What type of settlement requires court approval before it becomes effective?
What type of settlement requires court approval before it becomes effective?
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What is required after a class action settlement is proposed?
What is required after a class action settlement is proposed?
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Under California law, what happens if a court finds that a settlement was made in good faith?
Under California law, what happens if a court finds that a settlement was made in good faith?
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What is the purpose of a hearing on the good faith of a settlement between the plaintiff and tortfeasors?
What is the purpose of a hearing on the good faith of a settlement between the plaintiff and tortfeasors?
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Which rule governs the approval process for class action settlements?
Which rule governs the approval process for class action settlements?
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What legal principle allows a joint tortfeasor to seek contribution from others?
What legal principle allows a joint tortfeasor to seek contribution from others?
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Which of the following entities are typically subject to court approval for settlements?
Which of the following entities are typically subject to court approval for settlements?
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What can non-settling tortfeasors request if there is a claim that they are co-obligors?
What can non-settling tortfeasors request if there is a claim that they are co-obligors?
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Study Notes
Settlement Fundamentals and Tactics (CA)
- User Name: [email protected]
- Date and Time: Monday, July 15, 2024 10:20:00 AM PDT
- Job Number: 228853911
- Document (1): Settlement Fundamentals and Tactics (CA)
- Client/Matter: None
Pre-suit Settlements
- Settlements are formalized by a release.
- A release is a contract discharging a person from liability.
- Typically prepared by defense counsel or insurance carrier.
- May be accompanied by a draft (payment) or a letter.
Settling after Complaint Is Filed
- Attorneys need explicit client authorization to settle.
- Attorney's actions do not automatically give them the authority to settle cases.
- Settling is valid when the client's consent or ratification is acquired.
Settling after Entry of Judgment
- A judgment can be vacated with court approval, if the interests of non-parties or the public are not affected.
- Reasonable possibility that interests of non-parties or the public would be negatively affected must be considered in determining whether or not to approve a vacation of judgment.
Interpreting a Release
- Release normally discharges the settling defendant, unless explicitly stated otherwise.
- May reduce claims against other parties or provide defenses.
- May limit claims and may or may not limit liability for damages.
Problems with Standard Terms
- Watch out for terms like integration clauses.
- Confidentiality, governing law, and dispute resolution terms should be negotiated carefully.
- Consider attorney's fees clauses. Disputes over attorney's fees provisions are common and should be discussed.
Settlement after Judgment
- Parties may vacate a judgment if the interests of nonparties or the public are not harmed.
- Judge could deny the vacation of judgment, if the erosion of public trust outweighs the reasons justifying the parties' request.
Setting Specific Claims
- Need to determine if specific procedures are required.
- Unrepresented minors and incompetent persons. Court approval must be obtained in cases of minors or those lacking capacity to make decisions.
Partial Settlements
- Parties may seek contribution claims from other joint tortfeasors.
- Settlement with some parties may preclude claims for contribution by other joint tortfeasors. Need to evaluate whether a settlement impacts the rights of other parties by ensuring that it is properly documented and addressed in court.
Resources
- Resources Kits: Civil Litigation Fundamentals Resource Kit (CA).
- Practice Notes: Statutory Offer of Judgment, Making and Responding to the Offer (CA), Voluntary Dismissal (CA)
- Templates: Settlement Agreement and Release (CA), Statutory Offer of Judgment (CA), Stipulation (CA)
- Checklists: Settlement Fundamentals Checklist (CA)
- Current as of: 01/19/2024
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Description
Explore the key principles of settlement fundamentals and tactics within California law. This quiz covers pre-suit settlements, procedures after a complaint is filed, and settling after a judgment. Test your knowledge on the roles of attorneys, releases, and the importance of client authorization in the settlement process.
