California Codes
Cal. Civil Code § 1541 (2026)
✓ current as of May 2026
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An obligation is extinguished by a release therefrom given to the debtor or the released party by the creditor or releasing party, upon a new consideration, or in writing, with or without new consideration.
Notes of Decisions
Cited in 32
cases (4 in the last 5 years), 1944–2026 · leading case: Marder v. Lopez, 450 F.3d 445 (9th Cir. 2006).
Marder v. Lopez, 450 F.3d 445 (9th Cir. 2006). “2d 783, 787 (1945); see also Cal. Civ.Code § 1541. “In general, a written release extinguishes any obligation covered by the release’s terms, provided it has not been obtained by fraud, deception, misrepresentation, duress, or undue influence.”
Skrbina v. Fleming Companies, Inc., 96 Cal. Daily Op. Serv. 3881 (Cal. Ct. App. 1996). “He also asserts that he was not subject to the MOA under which the release was offered to him because he was not working as of the date it went into effect.”
Casa De Valley View Owner's Assn. v. Stevenson, 167 Cal. App. 3d 1182 (Cal. Ct. App. 1985). “Glenn generally release [the Carlyles] from all existing or potential obligations and claims arising from or related to the matters asserted in this action or Case No.”
W. Fed. Sav. & Loan Ass'n v. Heflin Corp., 797 F. Supp. 790 (N.D. Cal. 1992). “California Civ.Code section 1541 provides that “an obligation is extinguished by a release therefrom given to the debtor by the creditor, upon a new consideration, or in writing, with or without new consideration.”
Minor v. FedEx Off. & Print Servs., Inc., 78 F. Supp. 3d 1021 (N.D. Cal. 2015). “; Cal. Civil Code § 1541 (“An obligation is extinguished by a release therefrom given to the debtor by the creditor, upon a new consideration, or in writing, with or without new consideration.”
Linsley v. Twentieth Century Fox Film Corp., 99 Cal. Daily Op. Serv. 8294 (Cal. Ct. App. 1999). “Time and Opportunity to Review This Agreement and Release With Advisors [of] Its Own Choice; Have [Had] an Opportunity to Negotiate With Regard to the Terms of the Agreement; Is Fully Competent to Manage Its Own Business Affairs and to Enter Into or Sign This Agreement and…”
Marshall v. Packard-Bell Co., 236 P.2d 201 (Cal. Ct. App. 1951). “(Civ. Code, § 1541. 2 ) For the foregoing reasons the trial court properly sustained the demurrer to plaintiff’s complaint as amended without leave to amend.”
Chung v. Johnston, 274 P.2d 922 (Cal. Ct. App. 1954). “(Civ. Code, § 1541.) However, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Moore v. Rogers, 320 P.2d 524 (Cal. Ct. App. 1958). “In the absence of evidence to the contrary it must be assumed that this document constituted a full release, and sufficiently supported the finding to that effect.”
Kelly v. J.A.W. Land & Trading LLC, 499 B.R. 844 (S.D. Cal. 2013). “"DOA” refers to the Docket on Appeal and references the documents outside of the designated record but filed within the Docket of this Court. Such references will be followed by the appropriate docket number and Electronic Case Filing page number.”
Chaganti v. Ceridian Benefits Servs., Inc., 208 F. App'x 541 (9th Cir. 2006). “Additionally, California law does not require consideration for a release of obligation, Cal. Civ.Code § 1541, and a release of liability constitutes a release of obligation for purposes of § 1541.”
Faye v. Feldman, 275 P.2d 121 (Cal. Ct. App. 1954). “) Plaintiff’s refusal to comply with the agreement of settlement and the order constituted a breach of his obligation. He stipulated that in the event he breached the agreement the court should proceed with the hearing on the petition for the appointment of a receiver.”
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