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MYERCHIN v. FAMILY BENEFITS, INC.

No. G038569.

162 Cal.App.4th 1526 (2008)

JOSEPH MYERCHIN, Plaintiff and Appellant, v. FAMILY BENEFITS, INC., Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Three.

As modified May 29, 2008.

Attorney(s) appearing for the Case

DesJardins & Panitz and Eric A. Panitz for Plaintiff and Appellant.

Law Office of Rick Augustini and Rick Augustini for Defendant and Respondent.

OPINION

BEDSWORTH, Acting P. J.

We hold in this case that a party offered a monetary settlement of a lawsuit may accept the money or reject it, but may not take the money and continue the lawsuit. That is what Joseph Myerchin attempted to do in this case and that is why a summary judgment was entered against him. Shorty after accepting and spending the money paid to him pursuant to the settlement, Myerchin refused to dismiss the complaint...

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