This section contains the nature of the case and procedural background.

Segall (D) incurred numerous credit card charges and with Carte Blanche and owed $12,837.62. A default judgment was entered against D for that amount plus costs, and D moved to vacate the judgment. While that motion was pending, D sent a check to Carte Blanche for $95.60 by passing represented counsel. Typed on the back of the check was a limitation that the check was payment in full for the $12,837.62 but only referenced his account number and not the amount owed. D also sent a release letter along with the check indicating that cashing the check released D from all claims by Carte Blanche. The first motion to vacate was denied. D then filed a second motion with a copy of the letter and the negotiated check; the trial court found no accord and satisfaction and dismissed the motion. D appealed; the appeals court affirmed. D also attempted the same scheme with Amoco for $11,238.16 but only sent them $48.76. A complaint was filed against D by the State Bar Disciplinary Commission.

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