- 14 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011