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California Court of Appeal


Horath v. Hess, D063124

The trial court erred by denying defendant's Code of Civil Procedure section 724.050 motion for acknowledgement of satisfaction of judgment, where: 1) the parties entered into a Stipulation, prior to arbitration of the plaintiff’s personal injury claim that plaintiff would accept the arbitration award or $100,000; 2) the arbitration award was $366,527.22; 3) defendant paid plaintiff $100,000 plus costs; and 4) by filing a section 724.050 motion, defendant properly sought to enforce plaintiff's agreement to accept payment of $100,000 plus costs as full satisfaction of the judgment in the amount of $366,527.22 that was entered confirming the Award.

Appellate Information

  • Decided 04/10/2014
  • Published 04/10/2014

Judges

  • McDONALD

Court

  • California Court of Appeal

Counsel

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