Winet

We are presented in this case with an agreement releasing all claims against a party, including unknown and unsuspected claims, and reinforcing such release by specifically referring to and waiving the benefits of the provisions of Civil Code section 1542. The issue is whether this release can be avoided if the releasor testifies he was unaware of a claim and did not intend to waive the right to pursue that claim. Appellant Robert S. Winet (Winet) argues the answer is yes, while respondent William E. Price (Price) contends the answer is no. The trial court agreed with Price and terminated Winet’s attempt to pursue the alleged claim by entering summary judgment based on the release.

We conclude it is possible for a general release to effectively accomplish its primary purpose: to enable parties to end their relationship and permanently terminate their mutual obligations. On the record before us, we conclude the present release accomplishes that goal, and we therefore affirm.

I. Factual Background

A. The Genesis of the Release

The material facts are undisputed. During the period from 1973 to early 1975, Price, an attorney, performed legal services for Winet and Winet’s…