Legal Question in Landlord & Tenant Law in California
Settlement Agreements
We signed off on a settlement agreement for a mold case on June 8, 2007. The agreement states payment to plaintiffs will be paid within 14 days of execution of agreement. As of today's date (8/2) we have not received payment. Our attorney said that we can do nothing about speeding up the payment process. Is this correct? How is it legal for opposing counsel to ignore the stipulation set forth in the agreement? Is there anything I can do legally to force their hand in settling the lawsuit as agreed upon?
2 Answers from Attorneys
Re: Settlement Agreements
Your attorney can go back to court (assuming you had a lawsuit) to enforce the settlement agreement under Code of Civil Procedure section 664.6 and turn it into an enforceable judgment.
Re: Settlement Agreements
I cannot add to Mr. Cohen's answer, since I agree that it is accurate.
However, I cannot understand your attorney giving you the advice you mentioned above. Are you sure you quoted him accurately?