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.

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

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.