Schechter

Monster Energy Co. v. Schechter

Good Law
236 Cal. Rptr. 3d 669·26 Cal. App. 5th 54
Court of Appeal of CaliforniaAugust 13, 2018E066267California5,339 words

Opinion

lead Opinion

RAMIREZ P. J.

*57 When a settlement agreement provides that the "[p]laintiffs and their counsel agree" to keep the terms of the agreement confidential, and when the plaintiffs' counsel signs the agreement under the words, "Approved as to form and content," can the plaintiffs' counsel be liable to the defendant for breach of the confidentiality provision? We answer this question, "No."

I

FACTUAL BACKGROUND

A. The Settlement Agreement .

Richard Fournier and Wendy Crossland (collectively the Fourniers) filed an action (the Fournier case) against Monster Energy Company (Monster) and a related defendant. The Fourniers were represented by the R. Rex Parris Law Firm (Parris) and Bruce Schechter (collectively the Attorneys).

On July 29, 2015, the Fourniers and Monster entered into an agreement to settle the Fournier case. The settlement agreement provided, among other things:

*58 Recitals : "This Settlement Agreement and Release ('Settlement Agreement') is entered into as of July 29, 2015, by and between Wendy Crossland and Richard Fournier ... ('Plaintiffs'), on the one hand, ... and Monster Energy Company [and its co-defendant] ('Defendants'), on the other hand. Sometimes…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.