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Accord & Satisfaction

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Court of Appeal (Cal.) Says that Circumstances of Pre-Litigation Settlement of Lemon Law Claim with Unrepresented Party Rendered Settlement Unforceable

by Scott J. Hyman |

In Rheinhart v. Nissan N. Am., Inc., No. D079940, 2023 WL 4195050, at *11–12 (Cal. Ct. App. June 27, 2023), the Court of Appeal refused to enforce a pre-litigation settlement of a Song-Beverly claim with an unrepresented party. Here, Rheinhart's right to remedies under the Act are substantive rights that the Legislature has declared unwaivable. Given the nature of those… Read More

District Court (Tenn.) Says Vehicle Lessor Subject to Accord and Satisfaction When Lessee Sends Lease-end Check for Less Than Claimed, But Includes Cover Letter and Mark on Check Indicating “Accord and Satisfaction” — And Lessor Keeps the Disputed Sum

by Scott J. Hyman |

In Harris v. Ally Financial, Inc.,  2015 WL 7588263, at *3 (W.D.Tenn., 2015), Judge McCalla held that a vehicle lessee stated a claim against a vehicle lessor for accord and satisfaction under the facts pleaded. Plaintiff asserts that Defendant breached an accord and satisfaction of the vehicle lease with Plaintiff and the co-buyer. (Compl. ¶ 19.) The parties' lease states that… Read More