What is the name of your state (only U.S. law)? CA (lawschool question)
P files suit against D for breach of contract, D and P sign a Conditional Settlement and Dismissal and Mutual Release ("Release") with X personally guaranteeing the debt. D fails to carry out the terms of the Release, P proceeds with ex parte application to have judgment entered against D.
Who can P collect from?
Is D liable for the debt, or, is X now liable for the new agreement, or are both D and X liable?
I'm also running into a dead end finding the proper search in Westlaw.
Thanks...
P files suit against D for breach of contract, D and P sign a Conditional Settlement and Dismissal and Mutual Release ("Release") with X personally guaranteeing the debt. D fails to carry out the terms of the Release, P proceeds with ex parte application to have judgment entered against D.
Who can P collect from?
Is D liable for the debt, or, is X now liable for the new agreement, or are both D and X liable?
I'm also running into a dead end finding the proper search in Westlaw.
Thanks...