California Court of Appeal

In plaintiff's civil action for disability discrimination against her former employer, trial court's interpretation of the parties' settlement agreement as encompassing both plaintiff's civil action for disability discrimination and a workers' compensation action, in enforcing the settlement agreement is affirmed where:1) neither the settlement agreement nor the judgment expressly require that settlement of the workers' compensation claim be approved by the WCAB, but the judgment is construed as requiring the WCAB's subsequent approval; and 2) although the trial court should have considered extrinsic evidence of the parties' intent because the settlement agreement was ambiguous, the error was harmless as the trial court would have enforced the settlement even if it had considered the extrinsic evidence.

Appellate Information

• Decided 10/14/2010
• Published 10/14/2010

Judges

• YEGAN

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• George L. Wittenburg, Belynda B. Reck