SETTLEMENT AGREEMENT AND MUTUAL RELEASE (SHORT FORM) - CALIFORNIA

1. PARTIES AND DISPUTE

This Settlement Agreement (the "Agreement") is entered as of [DATE] by and between [PARTY A] and [PARTY B] (the "Parties") concerning claims arising out of [DISPUTE / CASE CAPTION / DOCKET NO.].

2. PAYMENT / CONSIDERATION

• Settlement Amount: $[AMOUNT] payable by [PAYER] to [PAYEE] via [METHOD] on or before [DATE].
• Each side bears its own fees and costs unless stated otherwise.

3. RELEASES

• Mutual Release. Each Party releases the other and their affiliates from all claims arising out of or relating to the Dispute through the Effective Date, known or unknown, except for obligations under this Agreement.
• California Civil Code Section 1542 Waiver. The Parties expressly waive and relinquish all rights under California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

4. NO ADMISSION

Settlement is a compromise of disputed claims; no Party admits liability.

5. DISMISSAL / WITHDRAWAL

• Within [X] days of receipt of settlement funds (or execution), the Parties will file: [ ] Stipulation of Dismissal with prejudice [ ] Notice of Withdrawal [ ] Other: [SPECIFY].

6. CONFIDENTIALITY & NON-DISPARAGEMENT (OPTIONAL)

• [ ] Confidentiality: Settlement terms confidential except as required by law, tax, or to advisors.
• [ ] Non-disparagement: Parties will not make false or disparaging statements about the other; carve-outs for legal obligations.
• Liquidated damages or injunctive relief optional: [DETAILS].

7. TAXES & REPORTING

Each Party is responsible for its own taxes. No tax advice provided.

8. REPRESENTATIONS

• Authority and capacity to sign; no assignment of claims; full understanding of the Agreement.

9. BREACH / REMEDIES

• Material breach allows the non-breaching Party to seek specific performance, injunctive relief, and damages.
• Fee-shifting for enforcement (optional): [ ] Yes [ ] No.

10. GOVERNING LAW / FORUM

• Governing Law: California.
• Forum: [CALIFORNIA STATE OR FEDERAL COURT LOCATION] or [ ] Arbitration (attach clause if selected).
• Jury Waiver (if allowed): [ ] Yes [ ] No.

11. ENTIRE AGREEMENT / AMENDMENTS

This Agreement is the entire understanding; amendments must be in writing and signed.

12. SIGNATURES

text
Date: ____________ Date: ____________

__________________________ __________________________
[NAME], for [PARTY A] [NAME], for [PARTY B]
Title: _____________ Title: _____________
[// GUIDANCE: Attach a simple payment schedule if installments; add indemnity or carve-outs if claims are excluded. For minors/governmental parties, include required approvals.]