New Case Discussing Settlements
Jan 17, 2022
Below is a free sample of a new case summary from the newly published issue of my publication California Case Summaries Monthly™, with summaries of the 48 new California civil and family law cases published in December of 2021.
California Courts of Appeal
CSAA Insurance Exchange v. Hodroj (2021) _ Cal.App.5th _ , 2021 WL 5631492: The Court of Appeal affirmed the trial court's order granting plaintiff's motion for summary judgment in an action by plaintiff carrier against defendant for breaching his agreement to settle a personal injury claim for the policy limit of $100,000. When parties agree on the material terms of a contract with the intention to later reduce it to a formal writing, failure to complete the formal writing does not negate the existence of the initial contract. The Court of Appeal concluded that the communications between defendant's lawyer and plaintiff reflected a settlement which would be later memorialized in a formal writing. Plaintiff's offer communicated that he agreed to settle his personal injury claim for the insurance policy limit, provided his offer was accepted within 21 days, and provided that the carrier show proof of the policy limits and that there was no other potential insurance coverage. The offer expressly anticipated another instrument: "You may further condition your acceptance of this offer by requiring that our client execute a Release of all Bodily Injury Claims against your insureds and their heirs only, which Release is not inconsistent with the terms and conditions of this offer." Plaintiff's timely written response communicated that the offer was accepted. CSAA provided the requested documentation and conditionally tendered payment in the amount of the policy limits. Like the offer, the acceptance also contemplated a formal release and proposed one for defendant to sign. Although the proposed release contained terms materially different from what had been agreed to, this did not change the binding effect of the initial agreement and the trial court properly granted summary judgment. (C.A. 6th, filed November 3, 2021, published December 1, 2021.)
Mediation, Arbitration and Referee Services
I help attorneys and their clients by serving as a mediator, arbitrator and referee with ADR Services, Inc. Keeping up with the new civil case law in California helps me serve well. I offer Zoom services throughout California and also in-person services. I've been a California civil trial lawyer since 1980, a member of ABOTA since 1995. Over the years I've represented both plaintiffs and defendants in a wide variety of cases including business, commercial, employment, insurance bad faith, land use, medical malpractice, personal injury, real property and wrongful death actions. If you'd like to work with me, please contact my case manager at ADR services, Haward Cho, [email protected], (619) 233-1323.
Lawyer Master Mentoring™ Services
Lawyers (whether new or experienced) can rapidly create their dream law practices with the help of a master mentor who can help them think deeply, focus on what is essential, avoid distractions, develop their skills, avoid mistakes, answer their questions, and continuously improve their organization and systems. I offer both an online video course and individual sessions to provide this much needed master mentoring to attorneys. For my lawyer master mentoring services visit my website at https://montymcintyre-law.com, email me at [email protected], or call me at (619) 990-4312.
California Case Summaries™
I offer monthly, quarterly and annual (including annual practice area) California civil case summary subscriptions to help California Lawyers look smart, save time and money, get better results, and grow their law practices. Here are the subscription options:
California Case Summaries Monthly™: short summaries (one paragraph), organized by legal topic, of every new civil and family law case published each month by California courts for only $50 per attorney per month. To subscribe, click here.
California Case Summaries Quarterly™: short, organized summaries of every new civil and family law case published each quarter, with the official case citations, for only $200 per attorney per quarter. To subscribe, click here.
California Case Summaries Annual™: In January 2022 we will publish California Case Summaries Annual 2021™ with our short, organized summaries of every new civil and family law case published in 2021 for only $900 per attorney per year. To subscribe, click here.
Annual Practice Area Case Summaries. In January 2022 we'll publish our Annual Practice Area case summaries for the practice area of Employment, Family Law, Real Property and Torts. They cost only $350 per year per attorney. To subscribe select the area below:
-Employment: to subscribe, click here.
-Family Law: to subscribe, click here.
-Real Property: to subscribe, click here.
-Torts: to subscribe, click here.
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
Lawyer Master Mentoring™
California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]