California Court of Appeal

In appeal challenging an order enforcing an agreement between two siblings settling litigation concerning the failed development of a residential parcel in Pebble Beach, the trial court's judgment is affirmed where: 1) the Brother has forfeited his fact-based contention; and 2) whether a contract provision is an illegal penalty or an enforceable liquidated damage clause is a question to be determined by the trial court and, on review, appellate deference to the trial court's factual findings is required unless the facts are undisputed and susceptible of only one reasonable conclusion.

Appellate Information

• Published 2017/05/12

Judges

• WALSH

Court

• California Court of Appeal

Counsel