Published on Monday, February 08, 2010
By Daily Breeze Staff Writer
I want closure with this company who did shoddy work at our house. Their bill is higher than I will pay, but I am willing to send half. Is there a way to do this so their cashing the check is the end of it? - L.K., San Pedro
A: Read California Civil Code Section 1526. If not less than l5 nor more than 90 days prior to your sending a clear written communication that the check you are going to send will be "in full payment," and after you send the check with that clear notation on it they cash the check, you could indeed have an "accord and satisfaction" (legalese for "they agreed, it's over"). Writing that notation alone, without the prior written communication, probably won't work.
Q: Are there exceptions to the statute of limitations? We did not know that the product caused my mother's injury, but they are claiming it is too late for us to sue. - B.G
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