Dory is not feeling well. She is not sure if she has a flu or something worse.

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Question:

Dory is not feeling well. She is not sure if she has a flu or something worse. She goes to the fish clinic and sees Dr. Doolittle. Dr. Doolittle give her a shot of Bactracin and tells her she should be fine in a couple of days. He also said that his office will bill her for his services.

She leaves the clinic and she goes home singing "just keep swimming." The doctor was correct and she did get better in a couple of days. A week after seeing the doctor she gets a bill for $1,050. It states that the services provided were for an office visit and a shot. The shot was itemized as costing $50 and the balance of the bill was for the office visit.

Dory called the doctor's office and spoke to the receptionist . After being reminded several times why she called, Dory was able to compromise with the receptionist as to the cost of the office visit. Both sides finally agreed that Dory would pay $175.00.

Dory wrote a check that day to Dr. Doolittle's office for $175.00 and wrote in very large letters PAID IN FULLon the face of the check. When Dr. Doolittle's receptionist received the check she was instructed to cross out the words PAID IN FULL and to cash the check and deposited the check into Dr. Doolittle's account. Then Dr. Doolittle wrote a letter to Dory stating that he changed his mind and was going to sue Dory for the full amount.

Dory comes to you for help. She remembers, that Nemo told her something about a code section that talks about this. Nemo also called it an Accord and Satisfaction.

1. Please find the appropriate code sections under California law. Make sure this is still good law by looking at the annotations. Please give me the cite of the statute and also a case that discusses this issue. Further, please give me an additional statute if it is applicable and tell me how to interpret them.

2. Who is correct under the law, Dory or Dr. Doolittle? Why?