New CA Settlement Case

settlement Jul 26, 2022
 

To do the best job possible as a mediator, arbitrator and referee, I review and summarize every new published California civil case. In this blog I discuss a new civil case that was published last month. 


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.)

 


Mediation, Arbitration and Referee Services

As California civil caselaw expert and an expert Zoom user, I help attorneys and their clients throughout California as a mediator, arbitrator and referee with ADR Services, Inc. I handle business, commercial, employment, insurance bad faith, insurance coverage, land use, landlord-tenant (commercial and residential), legal malpractice, medical malpractice, personal injury, real property and wrongful death cases. I've been a California civil trial lawyer since 1980 and a member of ABOTA since 1995. I've represented both plaintiffs and defendants in a wide variety of civil cases including the areas listed above. To schedule a new matter, please contact my case manager at ADR services, Haward Cho, [email protected], (213) 683-1600.  


California Case Summaries™

Since 2012, I've helped many California lawyers easily keep up with the new case law in their practice areas by publishing California Case Summaries™ with short summaries (one paragraph), organized by legal topic, of every new CA civil case published in monthly, quarterly and annual subscription editions. My publications are available to a limited number of subscribers, giving them a competitive advantage, and are periodically opened to new subscribers. Subscribers save time, win more, and make more money.
 
Join Our Email List: To get my free summaries of the 22 new civil cases published by the California Supreme Court in 2021click here. 
 


Until my next blog post, stay safe and healthy.


Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
California Case Summaries™
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]

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