Tobin

Filed 3/26/24 Tobin v. City of San Jose CA6

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

NONA TOBIN, H049987

(Santa Clara County Plaintiff and Appellant, Super. Ct. No. 17CV312610)

v. ORDER MODIFYING OPINION AND

DENYING PETITION FOR

CITY OF SAN JOSE et al., REHEARING

Defendants and Respondents. NO CHANGE IN JUDGMENT

THE COURT:

It is ordered that the opinion filed herein on February 28, 2024, be modified as follows: 1. On pages 12, line 23, the sentences starting with “As noted above,” and continuing on page 13, line 7 ending with “section 1542].)” are deleted and the following paragraphs are inserted in their place:

Here, there is much more than a mere recital. As noted above, the separation agreement contains two releases. The second release begins with the statement that “Tobin has read and understands” Civil Code section 1542, which is initialed by Tobin.4 It continues that, “[h]aving reviewed Section 1542 of the California Civil Code, Tobin voluntarily waives her rights under Section 1542”…