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Compromise and Release ? in CA California

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  • Compromise and Release ? in CA California

    Could someone please help me with some wording on my C&R. I submitted a C&R for $15,00.00 and the application reflects previous sums paid to be deducted but the Judges order reads

    "The parties in the above-entitled action filed a Compromise and Release herein, __*****________ settling this case for $15,00.00 in addition to all sums which may have been paid previously, and requesting that it be approved, and this Board having considered the entire record, including said Compromise and Release, now finds that it should be approved".
    IT IS ORDERED that said Compromise and Release be approved. Award is made in favor of:_****_________ Applicant, against___******________
    PAYABLE IN ONE LUMP SUM, LESS:$2,250.00 as reasonable attorney fees payable to ******* ******** ******".

    I received a check from **** with the previous sums deducted and I don't think that they followed the Judges Orders.

    I called my Attorney (3 days in a row before I got a call back) and the Secretary said that that is how all C&R are worded and I received what I was supposed to get.

    My question is can't the Judge order something different then what is petitioned for?

    Sandra in CA

  • #2
    If you agreed to have those previous "sums" deducted from the 15K and all the parties signed off why are you whining about it now? It sounds like you got what you were supposed to get regardless of what the judges order says.
    It sounds like a standard, fill-in-the-blank order that judges sign all the time.
    If you want you can bring it to the courts attention and the can correct the wording to reflect what the agreed upon C&R says.

    Comment


    • #3
      I don't feel I am whining about anything. I only asked if it was possible that a Judge could award something different then what was asked for in the C&R.
      It was already spelled out in the C&R application about the Attorney fees so why would it be made a point again and not that of previously paid amounts as well?

      Sandra

      Comment


      • #4
        Even if the judge *can* award something different, that doesn't mean he must. If your attorney says you got what you were due, I don't know what more you expect us to tell you.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          That's the whole purpose of a C&R. Both parties agreed to the amounts in question. If the judge changed that then it wouldn't be binding on either party to accept it.

          Hopefully you didn't cash the check. Send it back and tell them it's not the right amount.

          Comment


          • #6
            I just deposited it in the bank today. The Defendants Attorney had signed the Orders along with the Judge. I did call WC and she indicated that it was just as I had thought it sounded as but she couldn't assist me because I have a Lawyer retained (he already received his $2,500 so I don't know if i still technically have an Attorney). I did request some paperwork to question it and I also left a message with the Attorney that I counseled with to call. He had passed my case off to an assistant which I don't feel even opened my file and it was his (assistance) Secretary that called me and said that it is all that I was supposed to receive. I don't think I am wrong or whining to want to know if a mistake was made. I am only a layman and it sound as though I should have received more. Maybe I had a kind Judge

            Sandra

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            • #7
              C & Rs are subject to the approval of the judge. Yes, they can alter the terms if you want it approved. Any disatisfaction needs to be discussed with your attorney.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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              • #8
                My Attorney has already received his percentage so I don't know if I do technically still have an Attorney. When I did call they said I got what I was supposed to get but it was a Secretary that called be back and not the Assistant. I do think my Attorney sucks. I have a lot of difficulty having him respond back to me.

                Sandra

                Comment


                • #9
                  Yes you still have an attorney unless that attorney removed their appearance from the record. Perhaps setting up a time to come in and meet with the attorney would be more fruitful than trying to catch up by phone.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                  Comment

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