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tendered that the debtor intended such remittance to constitute
payment in full of the particular claim in issue. Thompson v.
Williams, 259 Cal. Rptr. 518, 521 (Ct. App. 1989).
A writing is not essential to an accord and satisfaction; it
may be implied. Id. Whether a transaction constitutes an accord
and satisfaction depends on the intention of the parties as
determined from the surrounding circumstances, including the
conduct and statements of the parties, and notations on the
instrument itself. In re Marriage of Thompson, 48 Cal. Rptr. 2d
882, 887 (Ct. App. 1996). A claim can be discharged by accord
and satisfaction under California law even if a check is received
without written or oral warning that the check is in full
satisfaction of a claim if “the surrounding circumstances [are]
sufficient to give * * * [the creditor] notice of that fact.”
Keppard v. Intl. Harvester Co., 581 F.2d 764, 767 (9th Cir.
1978). In the present case, although there was no restriction or
limiting condition written on the check, the circumstances were
sufficient to give rise to an inference that cashing the check
might discharge the claim. Petitioners received the check
personally from Pellegri Sr., who informed them that he had
negotiated a settlement with JTF concerning the damage to the
apricots. Pellegri Sr. gave them Phillips’s report, which
explained in detail how the damages were computed. Petitioners
subsequently were given a copy of the release.
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