Florence, SC asked in Contracts, Landlord - Tenant and Libel & Slander for California

Q: Does a 1542 waiver signed by both parties apply to future claims for harassment, defamation and libel for both parties?

Does a settlement release including a 1542 waiver signed by both parties apply to future claims for harassment, defamation and libel for both parties?

The release also stipulates:

The Parties explicitly stipulate that no further financial assistance or support will be provided

beyond the aforementioned provisions. This includes but is not limited to additional funds, services, or any other form of aid.

For example, one party decides to launch a gofundme campaign related to the situation settled with the liability claim. As apart of the campaign, the party lists the first and last name, and city where the other party resides.

Is the other party not allowed to sue for harassment or defamation or libel or anything similar related to a gross mischaracterization of the facts of the dispute leading to the settlement and libelous accusations about the character of the other party?

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, a Section 1542 waiver in a settlement release typically relinquishes all known and unknown claims up to the date of the agreement. It generally does not extend to future claims, including future acts of harassment, defamation, or libel that occur after the settlement is signed.

The stipulation that no further financial assistance or support will be provided as mentioned in your settlement doesn't inherently prevent a party from pursuing legal action for post-settlement conduct that constitutes harassment, defamation, or libel. If a party launches a campaign that includes gross mischaracterizations or libelous statements about the other party, this could potentially be grounds for a new legal claim.

The key consideration is the timing and nature of the conduct. Claims arising from actions that occurred after the settlement agreement was signed are not typically barred by a Section 1542 waiver, as this waiver is understood to apply to claims that were or could have been raised in relation to the dispute settled by the agreement.

For your specific situation, consulting with a lawyer to review the details of the settlement agreement and the subsequent actions is advisable. This will help in determining the viability of a legal claim for post-settlement conduct such as defamation or harassment.

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