Raymond Davenport v. City of Lodi, Thomas A. Peterson and Larry F. Hughes

19 F.3d 1439 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Raymond DAVENPORT, Plaintiff-Appellant, v. CITY OF LODI, Thomas A. Peterson and Larry F. Hughes, Defendant-Appellee. No. 92-16581. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 10, 1994. Decided March 16, 1994. Before: FLETCHER, KOZINSKI and TROTT, Circuit Judges. 1 MEMORANDUM * 2 A. Davenport cannot bring suit here because he has already released his claims and entered a covenant not to sue. See ER at 81-83. The release and covenant constitute a valid contract because Davenport accepted McNatt's counteroffer through performance, see Cal.Civ.Code Sec. 1584 (party may accept offer through performance), in cashing the Worker's Compensation settlement drafts, see CR Doc. 88 at 177, and PERS checks, id. at 178. Davenport's letter dated August 19, 1989 to PERS, which asks PERS to "expedite" his retirement, see Supplemental ER at 12, reveals that he accepted McNatt's counteroffer knowingly.…