California Court of Appeal

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Greentree Fin. Group, Inc. v. Execute Sports, Inc., G039326

In a breach of contract action wherein the parties entered into a settlement agreement providing that defendant would make installment payments and that if defendant failed to do so plaintiff could file a stipulation for entry of judgment for the full amount, a judgment pursuant to the terms of the parties' stipulation entered after defendant failed to make the first payment is reversed and remanded where the judgment constituted an unenforceable penalty which bore no reasonable relationship to the range of actual damages the parties could have anticipated from a breach of their settlement agreement.

Appellate Information

  • Decided 05/06/2008
  • Published 05/28/2008



  • California Court of Appeal


  • For Appellees:
  • Jackson DeMarco Tidus Petersen & Peckenpaugh, Adorno Yoss Alvarado & Smith and William M. Hensley, Santa Ana, for Defendant and Appellant., Alan L. Brodkin & Associates and Alan L. Brodkin, Irvine, for Plaintiff and Respondent.
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