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IMPORTANT SETTLEMENT AGREEMENT TERMS THAT ARE OFTEN OVERLOOKED

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When parties decide to settle their lawsuit and enter into a settlement agreement, the intent is almost always to bring the dispute to a full resolution so that the parties can preserve their time and financial resources.  When payments are to be made beyond the date of dismissal of the…
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FIRM NEWS

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The Law Office of Michael A. Hearn obtained a $4,064,903.97 judgment against a general contractor and its shareholders for defective construction of a 5,000 square foot custom home located within the San Manuel Band of Mission Indians tribal land, working without a valid California contractor’s license, and committing financial elder…
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IS COMPLIANCE WITH THE RIGHT TO REPAIR ACT REQUIRED BEFORE A CONSTRUCTION DEFECT LAWSUIT IS FILED AGAINST THE BUILDER FOR PROPRETY DAMAGE: THE COURT OF APPEAL IS SENDING CONFLICTING MESSAGES.

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Last year, the California Court of Appeal held that an insurance carrier exercising its subrogation rights WAS NOT REQUIRED to give notice of a claim to a builder before suing the builder for defective workmanship that caused property damage to the insured.  See Liberty Mutual Insurance Co. v. Brookfield Crystal…
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