Does a waiver signed by the Attorney General on a motion of public interest bind the privy?
California, United States of America
The following excerpt is from Lerner v. Los Angeles City Bd. of Ed., 29 Cal.Rptr. 657, 380 P.2d 97, 59 Cal.2d 382 (Cal. 1963):
8 In cases in which a conflict of interest does exist, the waiver may not be binding on the privy. See generally 31 Cal.Jur.2d. Limitations on Actions, 206. For example, a waiver by a debtor will not bind a surety. (Easton v. Ash (1941), 18 Cal.2d 530, 116 P.2d 433.) In the present case, however, two agents of the same government each representing the public interest, are involved.
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