California Court of Appeal

In plaintiffs' suit against a homeowners association (HOA), and a property owner and its successor in interest, involving a dispute concerning a window installed in defendant-property owner's upstairs bathroom, trial court's order enforcing the parties' settlement is reversed where: 1) the order enforcing the settlement finally determined the rights of the parties, and therefore, the order is amended to include an appealable judgment; and 2) because there was neither an oral settlement all parties personally agreed upon, nor a written settlement signed by all of the parties, the court lacked authority under the summary procedure of section 664.6 to enforce any settlement.

Appellate Information

• Decided 08/30/2010
• Published 08/30/2010

Judges

• Duffy

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• A.K. Abraham, Frank A. Jelinch