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 Settlement agreements are highly favored under California law. (See, e.g.., City of Orange v. San Diego County Employees Retirement Assn. (2002) 103 Cal.App.4th 45, 55, 126 Cal. Rptr. 2d 405; Frankel v. Board of Dental Examiners (1996) 46 Cal.App.4th 534, 552, 54 Cal. Rptr. 2d 128.) Although ordinary contract principles, including the availability of rescission for mistake (see, e.g., Harris v. Rudin, Richman & Appel (2002) 95 Cal.App.4th 1332, 116 Cal. Rptr. 2d 552), govern settlement agreements, the favored position of these agreements factors into the assessment of the unconscionability of enforcement.


See Donovan v. RRL Corp. (2001) 26 Cal.4th 261, 109 Cal. Rptr. 2d 807, 27 P.3d 702 (Donovan) deals with rescission for mistake of fact. If mistake is a ground for vacating a satisfaction of judgement (see Remillard Brick Co. v. Dandini (1950) 98 Cal.App.2d 617, 622, 220 P.2d 927), we think it can also be a defense to a motion to compel entry of a satisfaction of judgment. In Donovan, a mistake made by a local newspaper caused an error in a car dealer's advertisement regarding the price of a used car. (Id. at pp. 268-269.) The ...

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