New CA Settlement Case
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Settlement
Most cases are ultimately settled. Usually, the case will only settle once, but this is not always so. Last month, the Second District Court of Appeal published a new case addressing the effect of a forbearance agreement on an earlier settlement agreement. A video discussing the case is above and my summary of the case is below.
New Settlement Decision
Filtzer v. Ernest (2022) 79 Cal.App.5th 579: The Court of Appeal affirmed the trial court’s order denying a motion to enter a stipulated judgment. On August 25, 2015, plaintiff filed a complaint for breach of contract and money had and received against defendant, based upon defendant’s failure to repay a $250,000 promissory note. On October 23, 2015, the parties entered into the Settlement Agreement providing that defendant owed plaintiff $288,720.67 in principal and interest, plus $36,217.00 in attorneys’ fees and costs. The Settlement Agreement detailed a schedule for defendant to pay plaintiff monthly, starting November 1, 2015, and ending on November 1, 2018. Later, on February 19, 2019, during mediation (and months after the final payment was due in 2018 under the Settlement Agreement), the parties executed the Forbearance Agreement, where defendant agreed to pay $150,000 and provide a list of assets by March 19, 2019. Defendant did so. The Court of Appeal ruled that the trial court did not err in holding that the parties intended the Forbearance Agreement to be in full satisfaction of defendant’s debt in the Settlement Agreement. (C.A. 2nd, June 3, 2022.)
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California Case Summaries Monthly™: short summaries (one paragraph), organized by legal topic, of every new civil case published by California courts every month. This subscription is currently open for a short time. To subscribe, click here.
California Case Summaries Quarterly™: short, organized summaries of every new civil case, published by California courts every quarter, with the official case citations. This subscription is currently open for a short time. To subscribe,
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Annual Practice Area Case Summaries™: Early every January, we publish Annual Practice Area case summaries for the practice areas of Employment, Real Property and Torts with short, organized summaries of every new civil case in each practice area (plus additional important legal topics), with the official case citations.
California Case Summaries Annual™: Published early every January, with short, organized summaries of every new civil case published the year before, with the official case citations.
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I help attorneys and their clients as a mediator, arbitrator and referee with ADR Services, Inc. I handle cases in the areas of business, employment, insurance bad faith, insurance coverage, legal malpractice, medical malpractice, personal injury, real property and wrongful death via Zoom services throughout California and also in-person services. To schedule a matter please contact my case manager at ADR services, Haward Cho, [email protected], (213) 683-1600.
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Best regards,
Monty A. McIntyre, Esq.
California Case Summaries™
Mediator, Arbitrator & Referee
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312.
Email: [email protected]