SAN DIEGO HOSPICE v. COUNTY OF SAN DIEGO

Docket No. D018211.

31 Cal.App.4th 1048 (1995)

37 Cal. Rptr.2d 501

SAN DIEGO HOSPICE, Plaintiff and Appellant, v. COUNTY OF SAN DIEGO, Defendant and Respondent.

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

January 24, 1995.


Attorney(s) appearing for the Case

COUNSEL

Higgs, Fletcher & Mack, John Morris, Michael F. Boyle and Greg A. McAtee for Plaintiff and Appellant.

Lloyd M. Harmon, Jr., County Counsel, Diane Bardsley, Chief Deputy County Counsel, and Scott H. Peters, Deputy County Counsel, for Defendant and Respondent.


OPINION

FROEHLICH, J.

This case again presents the question: when is a comprehensive release enforceable? The San Diego Hospice (Hospice) acquired land formerly owned by the County of San Diego (County), and later discovered the land was contaminated by hazardous materials. Hospice made a claim against County, which claim was settled. The settlement agreement and release contemplated that "[a]dditional pollutants ... may exist on...

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