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California Court of Appeal


Purcell v. Schweitzer, D063435

The trial court's decision to set aside a default judgment obtained by plaintiff following defendant's breach of a settlement agreement for failure to make timely payments pursuant to the terms of the settlement agreement is affirmed, where: 1) the stipulation in the settlement agreement bore no reasonable relationship to the damages that it could be expected that plaintiff would suffer as a result of a breach by defendant; and 2) the judgment was improperly entered as "punitive damages."

Appellate Information

  • Decided 03/17/2014
  • Published 03/17/2014

Judges

  • NARES

Court

  • California Court of Appeal

Counsel

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