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Cal. Civil Code § 1542 (2026)

✓ current as of May 2026
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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 her settlement with the debtor or released party.

Notes of Decisions
Cited in 239 cases (106 in the last 5 years), 1944–2026 · leading case: Deerpoint Grp., Inc. v. Agrigenix, LLC, 345 F. Supp. 3d 1207 (E.D. Cal. 2018).
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Deerpoint Grp., Inc. v. Agrigenix, LLC, 345 F. Supp. 3d 1207 (E.D. Cal. 2018). · cites it 2× “In furtherance of this settlement, the Parties waive any rights they may have under California Civil Code § 1542 (and other similar statutes and regulations).”
Williams v. Glash, 789 S.W.2d 261 (Tex. 1990). · cites it 2× “Code § 9-08-08 (1987); Cal.Civ.Code § 1542 (West 1982); Me.Rev.Stat.”
Goglin v. BMW of North Am., LLC, 4 Cal. App. 5th 462 (Cal. Ct. App. 2016). “) 2 Civil Code section 1542 provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with…”
In re Marriage of Nassimi, 3 Cal. App. 5th 667 (Cal. Ct. App. 2016). “9 Civil Code section 1542 provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with…”
Melchior v. New Line Prods., Inc., 2003 Cal. Daily Op. Serv. 1855 (Cal. Ct. App. 2003). “Inasmuch as the *794 Copyright Act otherwise preempts the cause of action, we need not address this assertion. Continuance Melchior claims the trial court abused its discretion in denying his motion for a continuance “based upon its erroneous conclusion that all of the claims…”
Goodstein v. Bank of San Pedro, 94 Cal. Daily Op. Serv. 6395 (Cal. Ct. App. 1994). · cites it 2× “, Civ. Code, § 1542.) Accordingly, when defendant made a Code of Civil Procedure section 998 offer embodying as one of its conditions this common term of art — a demand for a "general release" — the plaintiff could only place one reasonable construction on that part of the…”
Ignacio v. Caracciolo, 2 Cal. App. 5th 81 (Cal. Ct. App. 2016). “6 The implication arises because of the reference to Civil Code section 1542. Civil Code section 1542 applies only to “general releasefs].”
Winet v. Price, 92 Cal. Daily Op. Serv. 2506 (Cal. Ct. App. 1992). ““(2) All Parties do hereby assume the above-mentioned risks and understand that this Mutual General Release Shall Apply to All Unknown or Unanticipated Results of the Transactions and Occurrences Described Above, as Well as Those Known and Anticipated, and upon advice of legal…”
Chambers v. Whirlpool Corp., 214 F. Supp. 3d 877 (C.D. Cal. 2016). “E), as well as unknown claims which would otherwise be preserved under California Civil Code § 1542. (See id. at 50-51, § X.”
Blixseth v. Kirschner (In Re Yellowstone Mountain Club, LLC), 436 B.R. 598 (Bankr. D. Mont. 2010). · cites it 2× “Blixseth contends that California law permits release of fraudulent transfer claims, particularly in a case such as this where Blixseth secured a § 1542 release under California Civil Code § 1542. 54 The applicable Release reads: The Release by the Edra Entities at paragraph…”
Brandwein v. Butler CA4/1, 13 Cal. Daily Op. Serv. 9265 (Cal. Ct. App. 2013). “” (Civ. Code, § 1542.) Although Brandwein now contends he did not possess, before the settlement, knowledge of facts indicating the extent of Western Maritime’s wrongdoing or the Underwriters’ possible liability for the negligent hiring and supervision of Western Maritime, as is…”
Nelson v. Equifax Info. Servs., LLC, 522 F. Supp. 2d 1222 (C.D. Cal. 2007). · cites it 2× “As Arrow points out, the Settlement Agreement contains an explicit release of all claims relating to the Account, including unknown claims pursuant to a California Civil Code Section 1542 waiver.”
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