Zamora v. Lehman

Where corporation and its executives agreed in writing that any claim by any party against another would be waived unless asserted in writing "within one year of the date the claiming party knew or should have known of the facts giving rise to the claim," such provision was binding under the rule that a contractual notice provision is enforceable with respect to a claim against a professional or skilled expert as long as the provision incorporates the delayed discovery rule. Enforceability of contractual notice provision is not dependent on a showing of prejudice. Where employer filed for bankruptcy, trustee was bound by notice provision to the same extent as the employer, so ignorance of the provision due to delay in obtaining copies of the contracts had no bearing on the provision’s enforceability. Written allegations of wrongdoing by corporate employees did not constitute notice of a claim for breach of the employees’ fiduciary duties where such allegations were not made by the corporation prior to its bankruptcy filing or by the trustee subsequently.
     Zamora v. Lehman - filed March 7, 2013, Second District, Div. One
     Cite as 2013 S.O.S. 1153

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