Legal Question in Civil Litigation in California
Remedy for Breach of Settlement Agreement
What is the course of action to remedy a breach in a settlement agreement involving real estate, when Plaintiff has not complied with terms of the agreement? Plantiff filed a civil action against me for fraud involving the transfer of real estate property. The case was referred to arbitration by court order and an agreement was reached between Plaintiff and Defendant.
Defendant agreed to pay Plaintiff X dollars, Provide a promissory note secured against property through a deed of trust and retain ownership of the property. Plaintiff would provide Defendant with written proof that lis pendens was removed from property and a notarized quitclaim deed. Plaintiff has not performed duties required by settlement agreement. Can this agreement be voided through a court action? If so, what course of action should be pursued to get this issue before a court?
5 Answers from Attorneys
Re: Remedy for Breach of Settlement Agreement
Presumably, your written settlement agreement contains a retention of jurisdiction provisions (pursuant to Code of Civil Procedure 664.6). If so, then you go into court and ask the court to enforce the agreement. This is generally done by motion, and sometimes, if the agreement so provides, it can be by ex parte application.
If the settlement agreement does not have a provision granting retention of jurisdiction, you will have to file a new lawsuit to compel performance per the agreement.
You should immediately consult an attorney familiar with civil litigation. We are civil litigators and if/when you are ready to proceed, please feel free to call or email us.
Re: Remedy for Breach of Settlement Agreement
There is a court procedure under Code of Civil Procedure to force the terms of an agreement. To void the terms, we would have to review the settlement agreement and your court file.
Re: Remedy for Breach of Settlement Agreement
I am assuming from the way that you framed the questino that you want to go through with the transaction. My answer is similar to the other answer you received. Assuming the court retained jurisdiction to enforce the terms of the settlement agreement, and assuming you have done everything you were required to do on your side of the bargain, you can file a motion in court to enforce the terms, i.e., to require the plaintiff to turn over a notarized quitclaim deed. You can also file a motion to expunge the lis pendens. If the court did not retain jurisdiction, you would need to file a whole new lawsuit and bring a cause of action for breach of contract, the contract being the settlement agreement.
This is exactly the kind of work that I do. I would be happy to speak with you further regarding this if you are looking for legal representation.
Re: Remedy for Breach of Settlement Agreement
The court will enforce the settlement agreement. If you need help, give me a call.
Re: Remedy for Breach of Settlement Agreement
Did your settlement agreement provide that the court retains jurisdiction under Section 664.6? If so, you merely have to file a motion to enforce the judgment. Otherwise, you may have to file a separate lawsuit to enforce. We can help you with either.
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