Brinton v. Bankers Pension Services

In Brinton v. Bankers Pension Services, Inc. (1999) 76 Cal.App.4th 550, an investor participated in the settlement of a class action lawsuit against an insolvent limited partnership. The Court held that he could not later sue a pension fund for misadvising him to invest in the same limited partnership. The Court enforced the clear and unambiguous language in the release of claims clause of the class action settlement: "The present settlement agreement's language is very broad and comprehensive in scope. It covered all present and future litigation concerning Hill Williams." ( Id. at p. 560.) The investor in Brinton declared that both he and his counsel "'believed and intended that any settlements in the class action lawsuit would not encompass the pension fund.'" ( Brinton v. Bankers Pension Services, Inc., supra, 76 Cal.App.4th at p. 560.) The Court held that the "comprehensive and broad" language release of claims clause was not reasonably susceptible to such an interpretation. (Ibid.) The Court discerned the parties' intention from the broad and comprehensive language of the release of claims clause in the settlement agreement. ( Id. at p. 559, citing Civ. Code, 1559.)