New CA Settlement Case
Below is a discussion of a new CA civil case 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.)
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I take a limited number of civil cases and represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. I use my experience as a California civil trial lawyer since 1980, a member of the American Board of Trial Advocates since 1995, I've been listed each year since 2012 in The Best Attorneys in America, and I work hard to attempt to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. For my civil litigation services visit my website at https://montymcintyre-law.com, email me at [email protected], or call me at (619) 990-4312.
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Until my next blog post, stay safe and healthy.
Best regards,
Monty A. McIntyre, Esq.
Lawyer Master Mentoring™
Civil Trial Attorney
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]
