The self-represented plaintiff moved to set aside a full and final release executed as part of a settlement agreement resolving claims arising from an alleged water and sewage leak following a cable installation.
The plaintiff argued that the settlement, reached during discovery negotiations for $80,000, should be rescinded because she was physically disabled, in pain, and unable to obtain legal advice at the time of signing.
The defendants opposed and sought judgment enforcing the settlement.
The court held that lack of independent legal advice alone is not a basis to invalidate a settlement and found no evidence of incapacity, coercion, or unconscionability.
The settlement negotiations were conducted over several hours with offers and counteroffers initiated by the plaintiff, and the plaintiff acknowledged understanding the release when signing it.
The court concluded the release was binding and enforced the settlement.
