LC 132(a) settlement. (California)

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LC 132(a) settlement. (California)

Postby inquiring mind on Wed May 06, 2009 9:05 am

I may be wrong on this, but somehow I remember reading a case wherein the C&R included the settlement of the 132(a), but the Order Approving did not specify it, and the Court indicated that since the OA did not inlcude language pertaining to the settlement of the 132(a), that it has not been settled.

I appreciate any response. Thanks!

inquiring mind
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Re: LC 132(a) settlement. (California)

Postby chirple on Wed May 06, 2009 2:26 pm

If using the new EAMS OCR forms, and the paragraph 9 line indicating 132(a) is initialled by both parties, the Order Approving does not need specific language. It is included.
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Re: LC 132(a) settlement. (California)

Postby steelmanlaw on Wed May 06, 2009 5:11 pm

i know it's a little thing, but it's "132a" and not "132(a)". (paragraph 9 has it right.) but, that probably would not be a huge problem until you hit the court of appeal.

but as to the specifics, i believe IM is right, though if there is still time, the judge could be asked to amend the OA. However, the preprinted language of the OA should be reviewed carefully to see whether approval of all the C&R terms in implied.
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